Don’t We Need Nine?

Senate Dem: ‘The Consequences Of The Supreme Court Being Without All Nine Justices For So Long Can Hardly Be Overstated’

SEN. CHUCK SCHUMER (D-NY): “It's hard for me to imagine a nominee [for the Supreme Court] that Donald Trump would choose that would get Republican support that we could support. So you're right.” RACHEL MADDOW, MSNBC: “So you will do your best to hold the seat open.” SCHUMER: “Absolutely.” (The Rachel Maddow Show, MSNBC, 1/3/2017)

SEN. BERNIE SANDERS: ‘We Need That Ninth Member’


SEN. CHUCK SCHUMER (D-NY): “At a time when Americans want to move forward, the last thing we need is this new recipe for gridlock at the Supreme Court.” (Sen. Schumer, Op-Ed, New York Daily News, 3/31/16)

  • SCHUMER: “In order for justice to remain a pillar of this nation we must have a functioning judicial branch. The #SCOTUS must have nine.” (Twitter, @SenSchumer, 6/21/16)

SEN. BERNIE SANDERS (I-VT): “The Supreme Court of the United States has nine members, not eight. We need that ninth member.” (NBC’s “Meet The Press,” 2/14/16)

SEN. DIANNE FEINSTEIN (D-CA): “The court needs nine justices to function properly. It is vital to our judicial system.” (“Senate Democrats Converge Around Supreme Court Strategy,” CNN, 2/25/16)

SEN. JEANNE SHAHEEN (D-NH): “The consequences of the Supreme Court being without all nine justices for so long can hardly be overstated. Most significant, a long-standing vacancy would compromise the Court’s ability to perform one of its most important functions, that is, establishing a uniform rule of law for the entire country.” (Sen. Shaheen, Congressional Record, S.981, 2/24/16)

SEN. DICK BLUMENTHAL (D-CT): “And so there's a duty to fill that vacancy, to make the system work. Our constitutional system depends on nine members serving on the Supreme Court…” (MSNBC, 2/15/16)

SEN. AMY KLOBUCHAR (D-MN): “This is not just some TV show, right. ‘Eight is Enough.’ Eight is not enough on the United States Supreme Court. We’ve seen these 4-4 decisions, we’ve seen less cases taken up by the court, the lower courts are waiting, waiting to get guidance from the Supreme Court on so many important issues.” (Sen. Klobuchar, Press Conference, 9/7/16 Minute 4)

  • KLOBUCHAR: “I'm in the now -- and the now is we have a 4-4 Supreme Court. We have eight people when we're supposed to have nine. We have cases that are very important that are coming before that are court.” (MSNBC, 3/24/16)

SEN. DICK DURBIN (D-IL): “In a few weeks the Supreme Court will start its new term with eight justices.  We need nine. Major legal questions are hanging in limbo because the court is deadlocked on 4-4 votes.” (Sen. Durbin, Press Conference, 9/7/16 Minute 2)

SEN. BEN CARDIN (D-MD): “What happens if there is a 4-to-4 vote? … It matters if the Supreme Court is not fully operational and gridlocks in 4-to-4 ties.” (Sen. Cardin, Congressional Record, S.981, 2/24/16)