SCR 9 urges the United States Congress to propose, and the states to ratify, a constitutional amendment commonly referred to as the "Keep Nine" Amendment, which would permanently establish that the United States Supreme Court consists of nine justices. The resolution states that an independent Supreme Court is a critical component of the nation's constitutional system of checks and balances and notes that the Court has consisted of nine justices for more than 150 years.
The resolution expresses the Texas Legislature's position that neither the President nor Congress should be able to alter the size of the Supreme Court in a manner that could undermine the Court's independence. Rather than changing federal law directly, the measure serves as a formal request that Congress initiate the constitutional amendment process by submitting the proposed amendment to the states for ratification.
As a concurrent resolution, the measure does not create Texas law, impose new legal requirements, or appropriate state funds. Instead, it directs the Texas Secretary of State to transmit official copies of the resolution to the President of the United States, congressional leadership, and each member of the Texas congressional delegation, with the request that it be entered into the Congressional Record as an official memorial from the State of Texas.