Sponsored by Andy Biggs (R)
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.
Would require the Supreme Court to have exactly nine justices by constitutional amendment.
Tradeoff
Would lock the Court's size at nine justices in the Constitution. This would prevent future Congresses from changing the number of justices without another amendment.
What's in it
No cost to the federal budget; the resolution itself has no budgetary effect, and if ratified, implementation would cost nothing because the Court already has nine justices.
This is a constitutional amendment proposal with zero federal enforcement or administrative cost because the Supreme Court currently already meets the proposed requirement of nine justices.
The House voted on this on September 2, 2026, and it failed 212-206.
House
Introduced
(Jan 3, 2025)
House
Committee on the Judiciary(Jan 3, 2025)
House
The Committee on Judiciary voted to send it to the floor
Reported 15 - 8(Jun 3, 2026)
Committee report H. Rept. 119-732.
House
On Motion to and Pass
Failed(Roll #293 · Sep 2, 2026)
212 yeanay 206
- Rick W. Allen (R-GA)
- Derek Schmidt (R-KS)
Passage votes so far· Sep 2, 2026· 119th Congress · 2025–2027