Rep. Johnson and House Republicans Propose Constitutional Amendment to Cap Supreme Court at 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.
This bill is currently in the early stages of the legislative process and has been sent to the House Committee on the Judiciary for review. It is not yet scheduled for a vote and is not moving forward at this time. There is no companion bill currently associated with this proposal.
Passage Likelihood
Legislative Progress
Key Points
- This joint resolution proposes a constitutional amendment that would permanently fix the size of the Supreme Court at nine justices. Currently, the Constitution does not specify a number, and Congress has changed the court's size multiple times throughout history using ordinary legislation.
From policy text
“The Supreme Court of the United States shall be composed of nine justices.”
View in full text - The amendment is designed to prevent any future Congress from expanding or shrinking the Supreme Court for political advantage, a practice commonly known as court packing. By enshrining the number in the Constitution, changing it would require another amendment rather than a simple law.
- To take effect, the amendment must clear an extremely high bar: two-thirds approval in both the House and Senate, followed by ratification from 38 state legislatures within seven years. This is one of the hardest paths in American government, and most proposed amendments never make it through.
From policy text
“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification”
View in full text - The resolution has significant Republican co-sponsorship with over 70 House members signing on, but it faces a very difficult road since constitutional amendments require broad bipartisan support that is rare in today's political environment.
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Related News
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While Republicans push for a 'Keep the Nine' amendment to prevent court-packing, Democrats have focused on a raft of legislation aimed at Supreme Court ethics reform and oversight, including bills that would establish stringent rules for justices to recuse themselves from certain cases.
Congressman Barrett Pushes Term Limits for Federal Judges
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Source Information
Document Type
Congressional Bill
Official Title
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.
Data Sources
Sponsor
Cosponsors
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