SCR 9

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
In Layman's Terms

SCR 9 urges Congress and the states to adopt a constitutional amendment permanently setting the U.S. Supreme Court at nine justices. The resolution expresses Texas's support for preserving the Court's current size but does not change state or federal law.

Digest
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.
Author (1)
Co-Author (2)
Sponsor (1)
Fiscal Notes

SCR 9 has no direct fiscal impact on the State of Texas. As a concurrent resolution, it does not create or modify state law, establish a new state program, require the expenditure of state funds, or impose any ongoing administrative responsibilities beyond the routine transmission of the resolution to federal officials. Instead, the measure serves solely as an expression of the Texas Legislature's position urging Congress to propose a constitutional amendment establishing the number of U.S. Supreme Court justices at nine. Accordingly, no state appropriations or significant fiscal effects are anticipated from its adoption.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SCR 9. The resolution is a nonbinding expression of the Texas Legislature's support for a federal constitutional amendment that would permanently establish the United States Supreme Court as a nine-member body. It does not amend Texas law, expand state authority, create new regulatory programs, or impose obligations on taxpayers. Instead, it urges Congress to submit the proposed "Keep Nine" amendment to the states through the constitutional amendment process.

From a limited-government perspective, the resolution aligns with principles of judicial stability and constitutional governance without increasing the size or scope of state government. By supporting a constitutional amendment rather than ordinary federal legislation to determine the size of the Supreme Court, the measure reflects a preference for institutional stability and predictability while avoiding the creation of new government programs or administrative responsibilities.

Additionally, the resolution carries no meaningful fiscal or regulatory impact for Texas. Its only administrative effect is directing the Secretary of State to transmit copies of the resolution to federal officials.

Free Enterprise
neutral
The resolution does not regulate businesses, markets, commerce, or economic activity. It imposes no compliance costs, licensing requirements, or restrictions on private enterprise.
Property Rights
neutral
The resolution does not affect ownership, use, regulation, or protection of private property, nor does it alter eminent domain authority or property-related legal rights.
Personal Responsibility
neutral
The resolution neither shifts responsibility between individuals and the government nor creates incentives or disincentives affecting personal decision-making. It is purely a statement of legislative intent directed to Congress.
Limited Government
positive
The resolution supports pursuing a constitutional amendment to permanently fix the size of the U.S. Supreme Court at nine justices, reflecting a preference for limiting future expansion of federal governmental authority over the structure of the judiciary through ordinary legislation. Because the resolution itself does not expand state government, create new programs, or increase regulatory authority, it is consistent with the principle of limited government.
Individual Liberty
neutral
The resolution does not create, modify, or repeal any laws affecting the rights, freedoms, or obligations of individuals. It expresses the Legislature's support for a proposed federal constitutional amendment regarding the composition of the U.S. Supreme Court but has no direct legal effect on individual Texans.
Committee Vote Information
  • Senate Committee on State Affairs: 11Y/0N
  • House Committee on State Affairs: 9Y/5N (1 Absent)
Related Legislation
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