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Dossier Legislative introduced 22-mar-2023
Bill introduced in Congress — not yet passed by either chamber, and not law.

A 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.

Key claim: This joint resolution proposes a constitutional amendment to permanently fix the size of the Supreme Court of the United States at nine justices.

Abstract

(SJRES21 · 118th Congress) This joint resolution proposes a constitutional amendment requiring the Supreme Court to consist of nine Justices. Latest action (2023-03-22): Read twice and referred to the Committee on the Judiciary.

Why this matters

The proposal concerns the structure of the court that ultimately decides many disputes over voting, discrimination, reproductive rights, and due process, rather than changing those rights directly. Fixing nine seats in the Constitution would constrain legislative changes to the Court’s size, trading flexibility for structural stability. The resolution is only introduced and would require congressional supermajorities and ratification by three-fourths of the states to take effect.

Source

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Briefing card

A 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.
Stage: introduced · congress · 22-mar-2023

If you are pursuing a civil-rights case, this introduced proposal does not change your legal protections or the Supreme Court's current size.

This joint resolution proposes a constitutional amendment to permanently fix the size of the Supreme Court of the United States at nine justices.

Cross-references (0)

None recorded — doctrine links and citations appear here as scans and citation sweeps find them.

External: congress:118-sjres-21:introduced

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Stages other doctrine resolution introduced proposed rule passed chamber executive action final rule enacted district opinion circuit opinion opinion

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