Senate GOP Proposes Constitutional Amendment to Limit Size of Supreme Court

Federal laws already cap the court at nine members, but a constitutional amendment would prevent future changes by Congress.

Sen. Chuck Grassley (R-Iowa) speaks as Kash Patel, President Donald Trump’s nominee for director of the FBI, testifies during his confirmation hearing before the Senate Judiciary Committee in Washington on Jan. 30, 2025. Anna Moneymaker/Getty Images

Republicans in the U.S. Senate proposed a new constitutional amendment on Feb. 7 that would prevent federal lawmakers from increasing the number of justices—currently nine—on the U.S. Supreme Court.

The new joint congressional resolution, the Keep Nine Amendment, was introduced after Democrats in the previous Congress proposed a series of measures to increase the number of justices and enforce ethics standards at the nation’s highest court. Republicans at the time criticized the legislation.