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.

Summary

This joint resolution, H.J. Res. 1 of the 119th Congress, proposes a constitutional amendment to fix the size of the Supreme Court of the United States at nine justices – one chief justice and eight associate justices. Currently, the Constitution does not specify the number of justices; it is set by congressional statute, which has been nine since 1869, though it has varied in the past. The resolution follows theArticle V process for constitutional amendments: it must be passed by two-thirds of both the House and Senate, then submitted to the states for ratification by three-fourths of state legislatures (or conventions) within seven years. If ratified, it would become part of the Constitution, preventing any future change to the Court's size by simple legislation. Proponents argue it would depoliticize the Court and prevent 'court-packing' schemes, while opponents contend it unnecessarily constitutionalizes a matter best left to legislative discretion and could hinder efforts to reform the Court in response to perceived ideological imbalances or workload pressures.

Where Each Party Stands

History