Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.
Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.
Plain Language Summary
# Summary of HJRES 1: Supreme Court Size Amendment **What the Bill Would Do** This proposed constitutional amendment would lock the number of Supreme Court justices at nine—one Chief Justice and eight Associate Justices. If passed by Congress and ratified by the states, it would make nine justices a constitutional requirement that could only be changed by another constitutional amendment. Currently, Congress has the power to set the Court's size through regular legislation, which has been changed seven times throughout U.S. history. **Who It Affects and Why** This bill directly affects the Supreme Court's structure and indirectly affects all Americans by limiting future Congresses' ability to expand or reduce the Court.
The proposal gained attention amid debates about "court-packing"—proposals to add justices to shift the Court's ideological balance. By making nine justices a constitutional requirement, the bill would prevent any future expansion without an amendment. **Current Status** The bill is currently in committee, meaning it has not yet been debated or voted on by the full House. To become law, it would need to pass both the House and Senate with a two-thirds majority, then be ratified by at least 38 states. Constitutional amendments face a high bar for passage, making this bill's path to enactment challenging.
CRS Official Summary
This joint resolution proposes a constitutional amendment requiring the Supreme Court to be composed of nine Justices—one Chief Justice and eight Associate Justices.
Latest Action
Referred to the House Committee on the Judiciary.