Ted Cruz Wants To Keep SCOTUS In Deadlock; Congress Might Not Agree
The Texas senator said there's precedent for leaving a Supreme Court seat empty, but that's not the case.By Grant Suneson | October 27, 2016
Partisan gridlock has kept the late Antonin Scalia's Supreme Court seat vacant for months, but we can finally expect it to be filled after the election in November, right? Well, maybe not, according to Ted Cruz.
The Texas senator isn't sold on having a full Supreme Court if Hillary Clinton is elected president. Cruz said there is a "long historical precedent for a Supreme Court with fewer justices. … That's a debate that we are going to have."
But that precedent doesn't really exist — at least, not in the way Cruz is suggesting. The Supreme Court did have six, seven and eight justices at various times before the 20th century, but that's because the number of seats on the court itself changed, not because any were left unfilled.