By Matthew Holloway |
Rep. Andy Biggs is advancing a constitutional amendment to permanently set the size of the U.S. Supreme Court at nine justices. He says the proposal would prevent future attempts to expand the Court through legislation.
According to a statement released by Biggs’ office, House Joint Resolution 1 would amend the U.S. Constitution to require that the Supreme Court consist of one chief justice and eight associate justices. The proposal seeks to place the Court’s size in the Constitution rather than leaving it subject to change by Congress.
The resolution was introduced at the start of the 119th Congress and referred to the House Judiciary Committee.
On June 3, the House Judiciary Committee voted 15-8 to advance the proposed amendment. According to Reuters, the vote fell largely along party lines, with Republican members supporting the measure and Democratic members opposing it.
During the committee proceedings, Biggs framed the proposal as a response to court-packing efforts.
“How can the Supreme Court protect Americans from government overreach if the same government can pack the Court whenever it dislikes a ruling?” Biggs asked. His office stated that the resolution is intended to preserve judicial independence and to prevent future court expansion efforts.
“Our nation’s founders built a system of checks and balances to protect citizens from concentrated power – a central part being the U.S. Supreme Court, whose duty is to defend the rights and freedoms of every American, not to serve as a political tool for any party,” Biggs said. “The judiciary was designed to be the quiet guardian of liberty, insulated from the passions of the moment. Unfortunately, special interests have been increasing their attacks on the Court, threatening to pack this iconic American institution to ensure favorable outcomes for their causes. The goal is not ethics or protecting rights but gaining power and intimidating the Court.”
The U.S. Constitution does not specify the number of Supreme Court justices. Congress has altered the Court’s size several times throughout American history, with the number of justices ranging from five to ten before being set at nine by statute in 1869. The Court has remained at nine members since that time.
Supporters of the amendment have cited proposals by some Democrats in recent years to increase the number of Supreme Court justices. Opponents have argued that Congress should retain its constitutional authority to determine the Court’s size and structure through legislation.
“The ongoing and escalating assault on the U.S. Constitution and Supreme Court must stop,” Biggs noted. “That is why I have introduced this constitutional amendment to fix the number of justices at nine. This action will protect the Court’s legitimacy, preserve the checks and balances that safeguard our cherished freedoms, and ensure every American’s rights remain secure – no matter who holds political power. I’m grateful for my colleagues’ support of this amendment, and I look forward to its passage on the U.S. House floor.”
Constitutional amendments face a high threshold for approval. A proposed amendment must receive support from two-thirds of both the U.S. House of Representatives and the U.S. Senate before being sent to the states for ratification. Ratification requires approval from three-fourths of the states.
The last newly proposed constitutional amendment to clear Congress and be ratified by the states was the 26th Amendment, setting the national voting age at 18 in 1971. The D.C. Voting Rights Amendment was passed by Congress in 1978 but failed to meet the state ratification requirement before its statutory deadline expired. The 27th Amendment, which bars changes to congressional compensation from taking effect until after an intervening House election, was ratified in 1992; however, Congress originally passed it in 1789 as part of the Bill of Rights package.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
