Senate Republicans propose constitutional amendment locking Supreme Court at nine justices
S.J.Res. 16 — A joint resolution 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. · Filed by Ted Cruz (R-TX) · 22 cosponsors · Introduced Feb 6, 2025 · Referred to committee
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What it does
This joint resolution proposes a constitutional amendment to lock the Supreme Court's size at nine justices. If ratified by three-fourths of the states, it would prevent Congress from ever changing the Court's composition—a direct response to Democratic proposals to expand the Court to 13 or more seats. The amendment benefits those who want to preserve the current Court's ideological balance and blocks future majorities from altering it.
Why we flagged it
This is a straightforward constitutional amendment proposal with no hidden mechanisms. It does exactly one thing: propose a constitutional amendment fixing the Supreme Court at nine justices. The bill is transparent about its purpose and mechanism.
What the text implies
- If ratified, this amendment would entrench the current Court's ideological composition against future reform, making it constitutionally impossible for any future Congress to expand the Court regardless of political circumstances or institutional crises.
- The amendment creates an asymmetry: it prevents expansion but does not prevent contraction, meaning a future Congress could theoretically reduce the Court to fewer justices without violating the amendment (which only sets a floor, not a ceiling).
The full analysis lists 3 implications of this text.
Who it affects
The amendment restricts democratic power: it removes the ability of future majorities to reform the Court through legislation, a core democratic prerogative. However, it also protects against destabilizing institutional changes and preserves institutional stability.