Congress proposes locking Supreme Court at nine justices

What it does

This joint resolution proposes a constitutional amendment that would lock the Supreme Court's size at nine justices (one chief justice and eight associates). Currently, Congress can change the Court's size by statute; this amendment would require a constitutional amendment to change it again. The bill directly responds to Democratic proposals to expand the Court to 13 justices and would benefit those who oppose Court expansion.

Why we flagged it

The bill's sole function is to propose a constitutional amendment fixing the Supreme Court at nine justices. It is a direct response to court-expansion proposals and operates as a structural constraint on future legislative power, not a substantive policy change.

What the text implies

• Passage would require ratification by 38 state legislatures within seven years; the amendment's fate depends entirely on state-level politics, not federal action.
• If ratified, the amendment would permanently bar Congress from expanding the Court without another constitutional amendment, effectively giving the current nine-justice structure supermajority protection.

The full analysis lists 4 implications of this text.

Who it affects

The amendment restricts democratic flexibility: it prevents future Congresses from expanding the Court through normal legislation, which some view as protecting judicial independence and others view as entrenching a particular ideological balance. Citizens gain constitutional certainty about Court size but lose the ability to reform it without a supermajority constitutional amendment process.