How can the number of Supreme Court justices be changed?
Asked by: Lysanne Weimann | Last update: February 10, 2026Score: 4.4/5 (24 votes)
The number of U.S. Supreme Court justices can be changed by an act of Congress, as the Constitution gives Congress the authority to structure the Court, but it requires passing new legislation, which has been done historically to set the number at nine in 1869. While Congress has the power to change the size via a simple majority vote, some proposed reforms, like term limits, would likely need a constitutional amendment.
Can Congress increase the size of the Supreme Court?
2021). While no provision of the Constitution expressly prohibits legislative changes to the size of the Supreme Court, and Congress has changed the size of the Court multiple times in the past, some commentators debated whether the proposals were inconsistent with constitutional norms.
Can the number of Supreme Court justices change?
Who decides how many Justices are on the Court? Have there always been nine? The Constitution places the power to determine the number of Justices in the hands of Congress. The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates.
What is the requirement to add more justices to the Supreme Court?
Article II of the Constitution grants the President the power to appoint federal judges, including Supreme Court Justices, with the "Advice and Consent" of the Senate.
How did Trump appoint so many Supreme Court justices?
The Gorsuch, Kavanaugh and Barrett confirmations were enabled by a rule change made by Senate Republicans in 2017, which applied the 'nuclear option' to Supreme Court nominees and allowed nominations to be advanced by a simple majority vote rather than the historical norm of a three-fifths supermajority vote.
Congress can change the number of Supreme Court justices
How many judges did Biden appoint to the Supreme Court?
The total number of Article III judges nominated by Biden and confirmed by the United States Senate was 235, including one associate justice of the Supreme Court of the United States, 45 judges for the United States courts of appeals, 187 judges for the United States district courts and two judges for the United States ...
Did Obama appoint any Supreme Court justices?
President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31.
How did the Supreme Court go from 6 to 9 justices?
The Supreme Court went from 6 justices (its original number in 1789) to 9 by a series of Congressional acts, culminating in the Judiciary Act of 1869, which fixed the size at nine members (one Chief Justice and eight Associate Justices) after fluctuating numbers during the Civil War and Reconstruction era, establishing the current size permanently.
How do I change the size of the Supreme Court?
Congress has broad authority to set or change the size of the Supreme Court through ordinary legislation, but implementation of term or age limits would likely require a constitutional amendment.
How hard is it to overturn a Supreme Court ruling?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Who has the authority to remove a Supreme Court justice?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
Which United States president tried to expand the size of the Supreme Court to 15 justices?
After winning the 1936 presidential election in a landslide, Franklin D. Roosevelt proposed a bill to expand the membership of the Supreme Court. The law would have added one justice to the Court for each justice over the age of 70, with a maximum of six additional justices.
Do Democrats want to expand the Supreme Court?
Sen. Cruz previously introduced this amendment in 2023 and 2020. Over the past several years, top Democrats have pledged to expand the number of justices on the Supreme Court when they are able to.
Can US Congress overturn the Supreme Court?
Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision. Congress can respond to court decisions by passing new legislation or amending existing laws.
Who has the authority to increase the number of judges in the Supreme Court?
The power to increase the number of judges in the Supreme Court of India is vested in the “Parliament”. In the Indian Constitution, Parliament is authorized to regulate judges.
Does the Constitution limit the number of Supreme Court justices?
Size of the court
One of the smallest supreme courts in the world, the U.S. Supreme Court consists of nine members: one chief justice and eight associate justices. The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for the court's members.
Can Supreme Court justices be expanded?
Congress can determine the size of the Supreme Court; it has already added and removed seats on the Court seven times throughout its history.
Which branch of government can change the size of the Supreme Court?
Congress creates laws; the Supreme Court interprets those laws in the context of legal disputes and rules on their constitutionality. Congress can change the courts' size, structure, and jurisdiction.
How many justices did Trump add to the Supreme Court?
Donald Trump nominated three Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, successfully filling three vacancies and creating a conservative majority on the court.
Who appointed John Jay to become a Supreme Court justice?
When George Washington began considering appointments for the new government, he knew he wanted John Jay to hold a leadership position. He eventually appointed Jay as the first Chief Justice of the United States in 1789.
What is the salary of a Supreme Court justice?
As of early 2025, the U.S. Supreme Court Chief Justice earns around $317,500, while Associate Justices earn about $303,600, with slight variations depending on the source and specific effective date, reflecting annual adjustments set by Congress. These figures represent significant increases over recent years, with salaries rising from the $274,200 (Associate) and $286,700 (Chief) in 2022.
Who appointed more judges, Trump or Obama?
While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts.
Why couldn't Obama appoint a Supreme Court justice?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
How many Supreme Court justices went to Harvard?
Certain Ivy law schools have a track record of producing Supreme Court justices. Four of the eight justices appointed so far in the 21st century earned law degrees from Harvard, and another three graduated from Yale Law School.