Congressman Fortenberry Backs Constitutional Amendment That Would Keep Number of Supreme Justices at Nine, "Doubtful" of Passage

April 15, 2021, 6:10 p.m. ·

Jeff Fortenberry Headshot with the congressman in a dark suit and a yellow and blue striped shirt with the American flag over his shoulder.
U.S. Rep. Jeff Fortenberry. (Photo courtesy of the Office of Jeff Fortenberry)

Nebraska Congressman Jeff Fortenberry is backing a constitutional amendment that would permanently limit the number of Supreme Court Justices to nine.

"The attempt to impact the Supreme Court failed nearly 100 years ago, and it needs to fail now,” said Fortenberry. “This is a heavy-handed political attempt to achieve that which cannot be achieved at the ballot box. It's unfair and abusive of the process and it needs to be defeated.”

The bill, introduced by Congressman Dusty Johnson of South Dakota, comes as House Democrats have introduced a bill that would expand the number of justices on the court justices to 13.

Fortenberry says he is doubtful of the amendment will become law, but that it is still useful because it “puts into question the nature of this raw political move.”

House Majority Speaker Nancy Pelosi has stated that she would not, at least in the short-term, allow the Democrat-backed bill to the floor due to the President's creation of a commission to review the subject.