Bills/H.J.Res. 28

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.

In CommitteeJudiciaryHouseHouse Joint Resolution · 119th Congress
Bill Progress · House
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# Summary of HJRES 28 **What the Bill Does:** This proposed constitutional amendment would lock the size of the Supreme Court at nine justices. Currently, Congress has the legal authority to change the number of justices, but no law sets the number in stone. This amendment would make nine justices a constitutional requirement that could only be changed through another constitutional amendment—making it much harder to alter in the future. **Who It Affects and Why It Matters:** This bill responds to ongoing debates about the Supreme Court's size and composition. In recent years, some lawmakers have proposed expanding the Court to add more justices, while others want to keep it at its current size.

This amendment would prevent either side from changing the number without going through the lengthy constitutional amendment process, which requires approval from two-thirds of Congress and three-fourths of state legislatures. **Current Status:** The bill was introduced by Rep. Dusty Johnson (R-SD) in the 119th Congress and is currently in committee, meaning it has not yet advanced for a full vote in either chamber. Constitutional amendments face a high bar for passage, and this bill would need substantial bipartisan support to move forward.

CRS Official Summary

This joint resolution proposes a constitutional amendment requiring the Supreme Court to consist of nine Justices.

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Latest Action

January 22, 2025

Referred to the House Committee on the Judiciary.

Subjects

Constitution and constitutional amendmentsJudgesSupreme Court

Sponsor

103 cosponsors

Key Dates

Introduced
January 22, 2025
Last Updated
January 22, 2025
Read Full Text on Congress.gov →
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