Assigned to JUD                                                                                                                                                                                                                                         FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

FACT SHEET FOR H.C.R. 2002

supreme court; maintain nine members

Purpose

Expresses the Legislature's support for an amendment to the U.S. Constitution that requires the U.S. Supreme Court to consist of nine justices.

Background

                      The U.S. President has the power to, by and with the advice and consent of the U.S. Senate, appoint judges to the U.S. Supreme Court. The judicial power of the United States is vested in the Supreme Court and inferior courts as U.S. Congress may from time to time ordain and establish. The judges, both of the U.S. Supreme Court and inferior courts, are required to hold their offices during good behavior and receive for their services a compensation. The judicial power extends to all cases: 1) in law and equity arising under the U.S. Constitution, the laws of the United States and its treaties made; 2) to all cases affecting ambassadors, other public ministers and consuls; 3)  to all cases of admiralty and maritime jurisdiction; 4) to controversies to which the United States is a party; 5) to controversies between two or more states; and 6)  between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states and between a state or its citizens and foreign states, citizens or subjects (U.S. Const. art. 2   2 and art. 3     1 and 2).

                      U.S. Code requires the U.S. Supreme Court to consist of a Chief Justice of the United States and eight associate justices, any six of whom constitute a quorum (28 U.S.C.   1).

                      There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Expresses the Legislature's support for an amendment to the U.S. Constitution that requires the U.S. Supreme Court to consist of nine justices.

2.   Requires the Arizona Secretary of State to transmit a copy of H.C.R. 2002 to the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, each member of U.S. Congress from Arizona and each Speaker of the House of Representatives and each President of the Senate of the other state legislatures.

House Action

JUD                                 1/27/21           DP             6-4-0-0

3^rd Read                   2/4/21                                       31-28-0-0-1

Prepared by Senate Research

March 9, 2021

JA/RC/gs