Senator Ted Cruz told a gaggle of reporters at a campaign rally that there was a precedent to keep the Supreme Court at only eight members instead of the nine.
The Washington Post reported that Cruz said, "You know, I think there will be plenty of time for debate on that issue."
Cruz, when he was asked whether a Republican-controlled Senate should hold votes on a President Hillary Clinton’s nominees. “There is certainly long historical precedent for a Supreme Court with fewer justices. I would note, just recently, that Justice Breyer observed that the vacancy is not impacting the ability of the court to do its job. That’s a debate that we are going to have.”
Obstructionism has become the Republican Party's main tool to govern. It's true that the size of the court has changed over the course of our history, but the Supreme Court has been made up of nine judges since the Judiciary Act of 1869.
Our Supreme Court has been set as it is for one hundred and forty seven years so it's a huge leap to think that Sen. Cruz' argument would be able to fly with the American public, if Hillary Clinton does win the presidency.
However, if the Democrats were to obstruct a Trump nominee in this way, there would be a mob made up of the Joe Walsh's of Trump supporters with muskets and torches in hand, to be loosed upon those they deem undesirable and obstructionist.