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.
- Bill Number
- S.J.Res. 16
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2025-02-06: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-15T10:56:32Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 16) proposes a constitutional amendment to permanently set the number of justices on the U.S. Supreme Court at nine, ensuring a fixed size for the nation's highest court.
Key Provisions
- The proposed amendment consists of a single article stating: "The Supreme Court of the United States shall be composed of nine justices."
- For the amendment to take effect, it requires approval by two-thirds of both the Senate and the House of Representatives.
- Ratification must occur through the legislatures of three-fourths of the states (at least 38 states) within seven years of submission.
Significant Changes to Existing Law
- Under current law, the Supreme Court's size is determined by federal statute (specifically, 28 U.S.C. § 1), which sets it at nine justices but allows Congress to change this number through ordinary legislation.
- This amendment would embed the nine-justice requirement directly in the U.S. Constitution, making it much harder to alter without another amendment (a process requiring supermajorities and broad state approval).
Potential Impacts
- On government agencies: Primarily affects Congress by limiting its ability to expand or reduce the Court's size via simple laws, promoting stability in the judicial branch. It would not directly impact executive agencies.
- On citizens: Could provide long-term certainty in the Supreme Court's composition, potentially reducing political debates over "court-packing" (adding justices to influence rulings), but it does not alter citizens' access to the courts or legal rights.
- On international relations: Minimal direct impact, as the amendment focuses on domestic judicial structure; however, it might indirectly enhance perceptions of U.S. institutional stability abroad.
Main Stakeholders Affected
- Supreme Court justices: Would formalize the current nine-member bench, affecting their roles and the Court's overall balance.
- Members of Congress: Sponsors (led by Sen. Ted Cruz and Republican colleagues) seek to prevent future changes; it could limit legislative flexibility for all lawmakers.
- State legislatures: Play a key role in ratification, influencing whether the amendment becomes law.
- Political parties and advocacy groups: Those concerned with judicial appointments (e.g., on issues like civil rights or regulations) may view it as protecting or entrenching ideological balances.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: Elevates the Court's size from statutory to constitutional status, aligning it with the original Constitution's structure for the judiciary (Article III) while addressing historical variations in Court size (e.g., it has ranged from 6 to 10 justices in the past). If ratified, it would be the first amendment specifically targeting the Supreme Court's composition.
- Political: Introduced in a polarized environment, it aims to "lock in" the current nine-justice framework amid debates over judicial independence. The seven-year ratification window adds urgency, but success is uncertain given the high thresholds for amendments (only 27 have been ratified in U.S. history). No immediate enforcement mechanism is specified, relying on the Constitution's self-executing nature.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (22)
Sen. Cassidy, Bill [R-LA], Sen. Grassley, Chuck [R-IA], Sen. Crapo, Mike [R-ID], Sen. Budd, Ted [R-NC], Sen. Risch, James E. [R-ID], Sen. Lee, Mike [R-UT], Sen. Blackburn, Marsha [R-TN], Sen. Hyde-Smith, Cindy [R-MS], Sen. Tillis, Thomas [R-NC], Sen. Cornyn, John [R-TX], Sen. Capito, Shelley Moore [R-WV], Sen. Cramer, Kevin [R-ND], Sen. Young, Todd [R-IN], Sen. Banks, Jim [R-IN], Sen. Hagerty, Bill [R-TN], Sen. Britt, Katie Boyd [R-AL], Sen. Sheehy, Tim [R-MT], Sen. Fischer, Deb [R-NE], Sen. Wicker, Roger F. [R-MS], Sen. Hoeven, John [R-ND], Sen. Daines, Steve [R-MT], Sen. Moody, Ashley [R-FL]
Recent Actions
- 2025-02-06: Read twice and referred to the Committee on the Judiciary.
- 2025-02-06: Introduced in Senate
Bill Versions
- 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. — issued 2025-02-06 — PDF (2 pages)