Mike Johnson Pushes ‘Keep Nine’ Amendment to Prevent Supreme Court Packing
By Easton Martin | September 2, 2026
House Speaker Mike Johnson has backed a constitutional amendment designed to permanently establish nine justices on the United States Supreme Court. The proposal would prevent future congressional majorities from expanding the court for political purposes.
Johnson announced the House would consider the measure as Republicans seek to protect the Supreme Court from becoming another arena for partisan power struggles. He argued that the nine-member structure has served the country well and should not become subject to political manipulation.
“The Supreme Court of the United States shall be composed of nine Justices,” the proposed amendment states. The measure would place the current size of the Supreme Court directly into the Constitution rather than leaving its composition to ordinary congressional legislation.
Although Johnson has championed the proposal, the legislation itself was introduced by Rep. Andy Biggs of Arizona as H.J. Res. 1. The measure would require approval by two-thirds of both chambers before being sent to the states for ratification.
The effort comes amid renewed Democratic calls for changing the Supreme Court’s composition. Several Democrats have advocated expanding the court in response to its conservative majority and recent rulings that have frustrated progressive lawmakers.
Johnson has argued that such expansion would undermine judicial independence by allowing whichever political party controls Congress to reshape the court. Under the proposed amendment, adding additional justices would require another constitutional amendment rather than simply passing a new federal statute.
