This joint resolution proposes a constitutional amendment to permanently fix the number of U.S. Supreme Court justices at nine.
Ted Cruz
Senator
TX
This joint resolution proposes a constitutional amendment to permanently set the number of U.S. Supreme Court justices at nine. If ratified by three-fourths of the states within seven years, this amendment would constitutionally mandate the current size of the Court.
This joint resolution proposes a permanent fix to the size of the U.S. Supreme Court by locking it in at nine justices through a constitutional amendment. Currently, the Constitution doesn't actually specify how many people sit on the high court; that number is set by Congress and has fluctuated between five and ten throughout American history before settling at nine in 1869. This bill aims to take that power away from regular legislation and bake the number nine directly into the nation's founding document, making it much harder for any future government to expand or shrink the bench on a whim.
The core of this proposal is a one-sentence change to how our judicial system is structured. By setting the number at nine, the bill creates a permanent ceiling and floor for the Court's composition. For the average person, this means the 'rules of the game' for the highest court in the land become predictable. Whether you are a small business owner concerned about regulatory rulings or a gig worker following labor law cases, the structure of the body making those final decisions would no longer be a variable that changes with the political season. It effectively removes 'court-packing'—the practice of adding seats to change the court's ideological lean—from the legislative toolkit.
Passing a resolution is only the first step in a very long road. According to the text, this amendment only becomes valid if three-fourths of the state legislatures (38 out of 50) ratify it within seven years from the date it's submitted by Congress. This creates a ticking clock for state-level representatives. If you’re a busy professional or a parent, the real action won't just be in D.C.; it will be at your local state capitol. This seven-year window ensures that the amendment requires a broad, sustained national consensus across diverse geographic and political lines rather than a reactionary vote tied to a single election cycle.
The primary impact of this bill is long-term stability. By moving the Court's size into the Constitution, the resolution ensures that any future changes would require the same rigorous multi-state approval process rather than a simple majority vote in Congress. While this prevents sudden shifts in the Court’s makeup, it also removes the flexibility to expand the court if the judicial workload becomes overwhelming for nine people in a future, more populous America. It’s a trade-off between protecting the institution from political interference and maintaining the ability to adapt the system as the country grows.