Legislation to Expand the Supreme Court

Review congressional legislation and resolutions concerning expansion of the U.S. Supreme Court, including proposals to increase the Court to 13 justices.

For why Congress can change the Court's size by statute, see The Constitutionality of Expanding the Supreme Court.

Last updated: September 23, 2026

119th Congress (2025–2026)

May 4, 2026 - H.R. 8647 - Representative Green's Original Legislation to Increase from 9 to 13 the Number of Justices of the Supreme Court, Sponsored by Rep. Al Green (D-TX-9)

Status: This bill was referred to the House Committee on the Judiciary on May 4, 2026.

What it would do: H.R. 8647 would increase the number of Associate Justices from eight to twelve, creating a 13-justice Supreme Court, and would raise the Court’s quorum from six justices to eight.

June 24, 2026 - H.Res. 1384 - Expressing the Sense of the House That Congress Must Take Measures to Guarantee Civil Rights and Fair Political Representation, Sponsored by Rep. Greg Casar (D-TX-35)

Status: This resolution was referred to the House Committee on the Judiciary on June 24, 2026.

What it would do: H.Res. 1384 is a nonbinding resolution supporting structural changes to the Supreme Court. It identifies several reforms for consideration, including a binding judicial code of ethics, term limits for Supreme Court justices, and expanding the size of the Supreme Court. Unlike H.R. 8647, it would not itself expand the Court or specify a 13-justice Court.

118th Congress (2023–2024)

May 17, 2023 - H.R. 3422 - Judiciary Act of 2023, Sponsored by Rep. Hank Johnson (D-GA-4)

May 16, 2023 - S. 1616 - Judiciary Act of 2023, Sponsored by Sen. Edward Markey (D-MA)

Status: These bills did not advance before the 118th Congress ended and are no longer pending. They remain an important model for future legislation.

What the bills would have done: H.R. 3422 and S. 1616 would have increased the number of Associate Justices from eight to twelve, creating a 13-justice Supreme Court, and would have raised the Court’s quorum from six justices to eight.

117th Congress (2021–2022)

April 15, 2021 - H.R. 2584 - Judiciary Act of 2021, Sponsored by Rep. Hank Johnson (D-GA-4)

April 15, 2021 - S. 1141 - Judiciary Act of 2021, Sponsored by Sen. Edward Markey (D-MA)

Status: These bills did not advance before the 117th Congress ended and are no longer pending. They remain an important model for future legislation.

What the bills would have done: H.R. 2584 and S. 1141 would have increased the number of Associate Justices from eight to twelve, creating a 13-justice Supreme Court, and would have raised the Court’s quorum from six justices to eight.

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