RSC Members Vote to Lock in Nine Justices to Fight Against Democrats’ Court-Packing Scheme

WASHINGTON, D.C. — Today, House Republicans voted in favor of H.J. Res. 1, a proposed amendment to the Constitution of the United States requiring that the Supreme Court of the United States be composed of only nine Justices.

Congress has historically set the number of Justices on the Court. The number of Justices fluctuated throughout the 19th century, but the size of the Supreme Court has remained at nine Justices since 1869. The amendment proposed in H.J. Res. 1 would enshrine the Court’s current nine member composition in the Constitution, protecting the independence of the judiciary by preventing Democrat-led efforts to expand the Court for political gain, commonly known as court packing.

Democrats have repeatedly floated packing the Supreme Court with additional activist judges to advance an increasingly radical agenda. Republicans are drawing a hard line against those efforts, and today’s vote reflects their commitment to protecting the independence of the Supreme Court as one of the most important institutions for preserving the rule of law.

Here’s what Members of the Republican Study Committee (RSC) had to say about keeping the nine at the Supreme Court:

“The Supreme Court has historically been composed of nine justices meant to interpret the law, not legislate from the bench. That balance has held for over 150 years, and it shouldn't be discarded for political convenience. Keeping the Court at nine justices protects its integrity and ensures that no president or party in power can pack the bench to force a political outcome. I'm proud to support this measure to defend the Constitution and protect the highest court in the land,” said RSC Chairman August Pfluger (TX-11). 

“America’s founders gave us a Constitution built on checks and balances, NOT a blank check for judges to rewrite the law from the bench. The Supreme Court should faithfully interpret the Constitution, not legislate from the bench. Requiring the Court to remain at nine justices protects the integrity of our highest court and ensures that future presidents and majorities cannot simply pack the bench to advance a political agenda. I’m proud to support this effort to defend the Constitution and preserve the rule of law for generations to come,” said RSC’s Messaging Task Force Chairman Mark Alford (MO-04).

“The Supreme Court’s composition of a nine-seat bench has remained consistent for more than 150 years. The high court has issued some of our country’s most important constitutional jurisprudence during this time. The nine-seat precedent has protected the institution’s integrity, independence, and originalist roots from the political crusades designed to compromise the bench with judicial activists,” said RSC Article One Task Force Chair Harriet Hageman (WY-AL).

“Our Founders understood that liberty cannot survive when power goes unchecked. They therefore built a system of checks and balances, with an independent Supreme Court serving as a critical safeguard for the rights and freedoms of every American. The Court’s role is not to advance a party’s political agenda but to uphold the Constitution and protect liberty—even when doing so means standing apart from the passions of the moment. At a time when the Supreme Court is under ongoing and escalating attacks, Congress can and must act to defend it. I thank Congressman Biggs for his leadership in bringing this constitutional amendment forward and congratulate him on today’s passage, which would ensure that no matter who holds political power, the integrity of the Supreme Court remains intact,” said Rep. Mark Harris (NC-08).

“Democrats cannot win on their ideas, so now they want to change the rules. Packing the Supreme Court with activist judges would give the Left a way to force through an agenda that the American people have rejected at the ballot box. We cannot let that happen. The Supreme Court is supposed to uphold the Constitution, not rewrite it because one party does not like the decisions coming out of the courtroom. I support keeping the Court at nine justices and making sure our Constitution, not the latest political agenda, remains the law of the land,” said Rep. Barry Moore (AL-01).

“Americans deserve a Supreme Court that is independent and insulated from partisan efforts to manipulate its size. Codifying a nine-member Supreme Court in the Constitution would provide certainty for our judicial system and prevent future majorities in Washington from attempting to pack the Court for political gain,” said Rep. Scott Fitzgerald (WI-05).

“Court packing turns the Supreme Court into a liberal political weapon. As Democrats keep trying to alter the foundation of our government, we must pass this amendment to preserve the Court and blind justice in America,” said Rep. Lance Gooden (TX-05).