H.J. Res. 28 (119th)Bill Overview

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.

Joint ResolutionLaw|Constitution and constitutional amendmentsJudges
Cosponsors
Support
Republican
Introduced
Jan 22, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Joint ResolutionWhat this resolution actually does

This resolution proposes a constitutional amendment that would require the Supreme Court to have nine justices. If approved by Congress, it would be sent to the states and would only become part of the Constitution after three-fourths of state legislatures ratify it. The resolution sets a seven-year deadline for that ratification and does not itself change the Court's size until the amendment is ratified.

Passage rules

Constitutional amendments must be approved by two-thirds of both the House and Senate and are not sent to the President; after congressional approval they must be ratified by three-fourths of the states, here within seven years. This joint resolution is the formal congressional step to propose that amendment to the states.

This joint resolution proposes a Constitutional amendment that would require the Supreme Court of the United States to be composed of nine justices.

The amendment, if ratified by three-fourths of state legislatures within seven years, would make a nine-justice Court a constitutional requirement.

Passage10/100

High procedural hurdles (two-thirds in both chambers, three-fourths of states) plus political sensitivity make ratification unlikely.

CredibilityAligned

Relative to its intended legislative type, this bill is a concise constitutional amendment proposal that clearly states its purpose and provides the standard ratification pathway. The operative provision is brief and legally direct.

Contention75/100

Left sees amendment as blocking democratic reforms; right sees it as protection.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitMaintains the long-standing nine-justice Court, reducing incentives for partisan attempts to change its size.
  • Potential benefitMakes changing the Court size require a constitutional amendment, blocking unilateral congressional expansions or reduc…
  • Potential benefitIncreases predictability for litigants, lower courts, and affected institutions by fixing Court composition.
Likely burdened
  • Potential burdenConstitutionally locks Court size, limiting Congress's flexibility to adapt to future circumstances.
  • Potential burdenHampers structural reforms intended to address caseload, efficiency, or geographic representation concerns.
  • Potential burdenMay entrench current ideological balance by preventing adjustments through ordinary legislation.
03 · Why people split

Why the argument around this bill splits.

Left sees amendment as blocking democratic reforms; right sees it as protection.
Progressive20%

Likely to view the amendment skeptically as a partisan move to lock in the current Court size and block future reforms.

Supporters’ stated stability argument is understood, but many on the left prefer structural reforms like term limits or expanded bench when politically necessary.

Likely resistant
Centrist50%

Mixed view: values institutional stability but cautious about using a constitutional amendment to fix Court size.

Sees sensible arguments on both sides; would favor less drastic, bipartisan solutions if possible.

Split reaction
Conservative90%

Likely to strongly support the amendment as a defense against perceived partisan attempts to expand the Court.

Sees it as a safeguard for judicial stability and an appropriate constitutional clarification.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood10/100

High procedural hurdles (two-thirds in both chambers, three-fourths of states) plus political sensitivity make ratification unlikely.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Ability to secure two‑thirds majority in the House
  • Ability to secure two‑thirds majority in the Senate
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Left sees amendment as blocking democratic reforms; right sees it as protection.

High procedural hurdles (two-thirds in both chambers, three-fourths of states) plus political sensitivity make ratification unlikely.

Unlocked analysis

Relative to its intended legislative type, this bill is a concise constitutional amendment proposal that clearly states its purpose and provides the standard ratification pathway. The operative provision is brief and le…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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