Debate over restructuring the U.S. Supreme Court has intensified on Capitol Hill and across the public. In September 2026, a Republican-led constitutional amendment to permanently limit the court to nine justices failed to secure a two-thirds majority in the House. Meanwhile, Congressional Democrats have introduced measures to expand the bench to 13 justices, enforce 18-year term limits, and implement binding ethics requirements.
Supreme Court expansion debate
- ▪Debate on Capitol Hill and among members of the public has intensified over proposals to expand the U.S. Supreme Court beyond nine justices.
- ▪Article III, Section 1 of the U.S. Constitution establishes the Supreme Court but does not specify the number of justices, leaving Congress with the authority to set its size.
Public opinion on court reform
- ▪Some members of the public favor implementing term limits for Supreme Court justices over altering the court's size, arguing term limits would be more effective at addressing political imbalances.
- ▪Public opinion on Capitol Hill is divided regarding Supreme Court expansion, with some residents opposing changes while others support adding justices to encourage consensus or address perceived judicial bias.
Democratic reform proposals
- ▪U.S. Representative Ro Khanna, D-Calif., introduced a measure to establish 18-year terms of active service for newly appointed Supreme Court justices.
- ▪Democratic lawmakers have introduced proposals to overhaul the Supreme Court, including enforceable ethics standards and increased transparency for emergency rulings on the shadow docket.
- ▪U.S. Representative Al Green, D-Texas, introduced legislation to expand the Supreme Court bench from nine to 13 justices.
Republican constitutional amendment effort
- ▪Republicans argue that Democratic initiatives to reshape the Supreme Court are motivated by anger over judicial rulings that disfavor Democratic policies.
- ▪Passing a constitutional amendment to cap the Supreme Court requires two-thirds majority votes in both the House and Senate, followed by ratification from three-fourths of U.S. states.
- ▪In September 2026, a Republican-backed constitutional amendment to permanently cap the Supreme Court at nine justices failed in the House of Representatives after falling short of a two-thirds majority.
Supreme Court size history
- ▪The Supreme Court changed in size several times during the 19th century, reaching up to 10 justices before Congress fixed the current nine-justice structure in 1869.
- ▪Congress initially set the Supreme Court at six seats under the Judiciary Act of 1789.
Debatable claims
- ▪Congress should expand the Supreme Court beyond nine justices
- ▪Imposing term limits is more effective than expanding court size for reducing judicial politicization
Story comments
Loading comments…