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H.J.Res. 39House117th Congress (2021-2023)In Committee

Proposing an amendment to the Constitution of the United States to require that the Supreme Court be composed of not more than nine justices.

Sponsored by Mike GallagherRep. Mike Gallagher (R-WI)
Introduced April 13, 2021

AI-Generated Summary

Updated February 8, 2026 at 1:30 AM UTC

This joint resolution proposes a constitutional amendment that would set a maximum size for the United States Supreme Court at nine justices. If ratified, the amendment would legally limit the Court’s membership and apply to the federal judiciary. The change would affect the composition of the Supreme Court and any future legislation that might alter its size.

Key Provisions

  • Limits the Supreme Court to no more than nine justices.
  • Gives Congress authority to enforce the limit through appropriate legislation.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

October 19, 2021

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HouseIntro Referral

Introduced in House

April 13, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

April 13, 2021

HouseCommittee

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Constitution and Limited Government Subcommittee

October 19, 2021

Bill Text

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Introduced in HouseIssued April 13, 2021

IA

117th CONGRESS

1st Session

H. J. RES. 39

IN THE HOUSE OF REPRESENTATIVES

April 13, 2021

Mr. Gallagher (for himself, Mr. Jacobs of New York, Mr. Brooks, Mr. Budd, Mr. Mullin, Mr. Buck, and Mr. Rouzer) submitted the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States to require that the Supreme Court be composed of not more than nine justices.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

—
1.

The Supreme Court shall be composed of not more than nine justices.

2.

The Congress shall have the power to enforce this article by appropriate legislation.

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