Analyst Brief August 31, 2026

H.J.RES. 1 — 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.

Executive Summary

This joint resolution proposes a constitutional amendment to permanently fix the number of Supreme Court Justices at nine (one Chief Justice and eight associate justices). Currently, the size of the Supreme Court is set by statute, leaving it vulnerable to partisan 'court-packing' efforts if a single party controls the Presidency and both chambers of Congress. By elevating this cap to a constitutional mandate, the resolution aims to preserve the institutional stability of the judiciary and prevent future legislative attempts to expand the Court for ideological gain.

Arguments For

  • Institutional Stability: Prevents the escalating threat of 'court-packing,' which proponents argue would delegitimize the judiciary and turn the Supreme Court into a purely partisan, ever-expanding body.
  • Political Messaging: Forces Democrats to go on the record regarding their stance on expanding the Supreme Court, providing a potent campaign issue for Republicans defending judicial independence.

Likely Supporters

RepublicansKeep Nine CoalitionJudicial Crisis NetworkConservative legal organizations

Arguments Against

  • High Hurdle for Passage: As a constitutional amendment, it requires a two-thirds supermajority in both chambers and ratification by 38 states, making it practically impossible to enact in a divided political climate.
  • Loss of Legislative Flexibility: Permanently capping the Court at nine removes Congress's historical constitutional authority to adjust the size of the judiciary to address expanding caseloads or structural needs.

Likely Opponents

DemocratsDemand JusticeTake Back the CourtProgressive advocacy groups

📋 Key Provisions

  • Proposes a constitutional amendment to mandate that the Supreme Court consist of exactly nine justices.
  • Specifies the composition of the Court as one Chief Justice and eight associate justices.
  • Establishes a seven-year deadline for ratification by three-fourths of the state legislatures following its submission.
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Claim Analysis Page 2, Line 8

Mandates the Supreme Court be composed of exactly nine justices.

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"composed of nine justices consisting"

Claim Analysis Page 2, Line 4

Sets a seven-year deadline for state ratification.

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"States within seven years after"

Claim Analysis Page 1, Line 3

Requires a two-thirds supermajority in both chambers to propose the amendment.

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"thirds of each House concurring"