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Proposed amendment would fix Supreme Court at nine justices permanently

Floor activityH.J.Res. 1Latest action

Sponsor: Andy Biggs · Representative · AZ

AIDecoded by AI · checked against the record
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Official title: 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.

119th Congress

Topics: Crime & justice

Introduced:

Read the official bill on Congress.gov

In plain words

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HJRES 1 would write nine Supreme Court justices into the Constitution, requiring 38 states to ratify it within seven years.

40-second read · 4 questions answered below

What does this do?

HJRES 1 proposes a constitutional amendment that would permanently set the number of Supreme Court justices at nine — one Chief Justice and eight Associate Justices. Currently, Congress can change that number through regular legislation. Writing it into the Constitution would make nine the fixed, unchangeable number.

Who does it affect?

This bill affects all Americans, since the Supreme Court issues final rulings on major legal questions that touch everyday life. It also directly affects Congress and future presidents, who would lose the authority to add or remove justices.

Why does it matter?

Fixing the number at nine would remove Congress's and the president's ability to alter the Court's size for any reason in the future. Those who oppose the measure argue that permanently locking the number eliminates flexibility that future generations might need.

AI-drafted summary. Check it against the official text before you act on it.

Read the official bill on Congress.gov

Make the call

The last attempt failed: a House vote to pass it fell short of the two-thirds this fast-track vote needs, 212–206, on September 2, 2026.

Three steps: where you stand, your script, the call.

Where do you stand?

Where does it stand?

  1. IntroducedJan 3, 2025
  2. House committee
  3. House voteYou are here · Sep 2, 2026
  4. Senate
  5. Sent to the states

Right now: a House vote to pass it fell short of the two-thirds this fast-track vote needs, 212–206. If the Senate changes it, it goes back to the House. Both chambers have to pass the same text, each by two thirds. A proposed constitutional amendment never goes to the president: it goes to the states, and three quarters of them have to ratify it before it takes effect.

Latest action: — On motion to suspend the rules and pass Failed by the Yeas and Nays: (2/3 required): 212 - 206 (Roll no. 293).

Data as of October 9, 2026

Recorded votes

Roll-call votes recorded since January 3, 2025.

  1. House · · Roll call 293

    As recorded

    Question
    On Motion to and Pass
    Result:
    Failed
    212
    Nay
    206
    0
    15

    Republicans 211 yes, 7 not voting · Democrats 1 yes, 205 no, 8 not voting · Independent 1 no

    Official record
    How members voted

    The official record lists how each member voted.Official record

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