Real bill currently in Congress c/o HR/119/8647
Representative Green's Original Legislation to increase from 9 to 13 the number of justices of the Supreme Court.
Latest action (2026-05-04): Referred to the House Committee on the Judiciary.
The Framers
“Founders’ Verdict”
Confidence 1.00
Synthesis
Unanimous agreement that Congress has constitutional discretion to determine the number of Supreme Court justices under Article III, Section 1, as no fixed number is prescribed, with authority to structure the judiciary as necessary and proper.
The Constitution establishes one supreme Court in Article III, Section 1, but commits neither the number of its justices nor the precise organization of the judicial department to immutable form. This discretion resides with the legislative authority, which may from time to time ordain and establish the judiciary as exigencies require, drawing from the power to make all laws necessary and proper for carrying into execution the judicial power. In Federalist No. 78, the judiciary's independence is secured by good behavior tenure and salary protections, not by a fixed number of judges, allowing C…
The Constitution vests the judicial power in one supreme Court and authorizes Congress to ordain and establish inferior courts, implying legislative discretion in organizing the federal judiciary, including the number of justices on the supreme Court, as no fixed number is prescribed. This power falls within delegated authority to Congress and does not encroach upon powers reserved to the States or the people, preserving the federal structure.
The Constitution establishes one Supreme Court to exercise the judicial power of the United States but fixes no precise number of justices thereon, leaving to Congress the authority to organize its composition as necessary to fulfill that power, much as it may ordain and establish inferior courts. This arrangement preserves the separation of powers while allowing legislative adaptation to the republic's needs, provided it stems from reasoned governance rather than transient passions.
The Constitution vests 'the judicial Power of the United States... in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish' (Art. III, § 1), committing to Congress the authority to structure the federal judiciary, including the composition of the Supreme Court, without prescribing a fixed number of justices. This legislative discretion is a necessary and proper means to execute the judicial power vested by the Constitution, as affirmed in the principle that Congress possesses implied powers to enact laws essential to carrying into execution …
What should pass
“AI Consensus Solution”
Temporary Supreme Court Capacity Expansion Act
Increase the number of Supreme Court justices from 9 to 13 to provide additional capacity for the Court's growing workload and caseload.
Bipartisan rationale: Honors Democratic priorities of addressing Supreme Court backlog (2,000+ annual petitions) and diverse judicial perspectives; Republican priorities of fiscal restraint (funding cap, no new spending), limited government (term limits, supermajority renewal, sunset), and accountability (annual oversight reports).
Vote-count path: ~240 House votes: 200 D centrists for workload relief + 40 R federalists for sunset/oversight; ~62 Senate votes: 48 D + 14 R from judiciary reform caucus.