H.J.Res. 40House117th Congress (2021-2023)In Committee

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.

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Updated February 8, 2026 at 1:41 AM UTC

H.J.Res. 40 proposes a constitutional amendment that would set the size of the United States Supreme Court at nine members – one chief justice and eight associate justices. The amendment would apply to the Court’s composition nationwide and would take effect once ratified by the states.

Key Provisions

Adds an amendment stating the Supreme Court shall consist of nine justices (one chief justice and eight associate justices).
Requires the amendment to be approved by a two‑thirds vote in both the House and Senate and ratified by three‑fourths of state legislatures within seven years.

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 15, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

April 15, 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 15, 2021

117th CONGRESS

1st Session

H. J. RES. 40

IN THE HOUSE OF REPRESENTATIVES

April 15, 2021

Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) 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 of the United States be composed of 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:

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The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.