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.
Where it stands
- Introduced1/3/25
- Passed House (two-thirds)Failed 9/2/26
- Senate (two-thirds)
- States
Failed in the House on September 2, 2026.
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Roll calls on this bill
Votes on passage
HouseOn Motion to Suspend the Rules and Pass · 9/2/26Suspension of the rulesA fast-track House procedure, usually for measures expected to have broad support. Debate is limited to 40 minutes, no amendments can be offered, and it needs a two-thirds vote of members voting — not a simple majority. A yes vote passes the bill.Rules of the House, Rule XV, clause 1 ↗
Failed
- Democratic1 Yea · 205 Nay · 8 Not voting
- Republican211 Yea · 0 Nay · 7 Not voting
- Independent / Other0 Yea · 1 Nay · 0 Not voting
Official summary (CRS)Full text on congress.gov ↗
This joint resolution proposes a constitutional amendment requiring the Supreme Court to be composed of nine Justices—one Chief Justice and eight Associate Justices.
What happens next
This resolution failed.
All actions (13)
- 1/3/25Introduced in House
- 1/3/25Referred to the House Committee on the Judiciary.
- 6/3/26Committee Consideration and Mark-up Session Held
- 6/3/26Ordered to be Reported by the Yeas and Nays: 15 - 8.
- 7/6/26Reported by the Committee on Judiciary. H. Rept. 119-732.
- 7/6/26Placed on the House Calendar, Calendar No. 84.
- 9/2/26Mr. Biggs (AZ) moved to suspend the rules and pass the resolution.
- 9/2/26Considered under suspension of the rules. (consideration: CR H5443-5451; text: CR H5443)
- 9/2/26DEBATE - The House proceeded with one hour of debate on H.J. Res. 1.
- 9/2/26At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 9/2/26Considered as unfinished business. (consideration: CR H5459-5460)
- 9/2/26Failed of passage/not agreed to in House On motion to suspend the rules and pass Failed by the Yeas and Nays: (2/3 required): 212 - 206 (Roll no. 293).
- 9/2/26On motion to suspend the rules and pass Failed by the Yeas and Nays: (2/3 required): 212 - 206 (Roll no. 293).