28 U.S.C. §1 – “Number of Justices; quorum”

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Supreme Court Expansion

AKA “Block Radical Court-Packing Schemes”


Which agency/agencies promulgated the regulation? *
Congress (via statute) No federal agency—court size is set legislatively, not through administrative rulemaking
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Not applicable — The size of the Supreme Court is not governed by the CFR. It is set by the Judiciary Act, currently codified in 28 U.S.C. §1, which fixes the number of justices at nine. This submission instead calls for legislative rescission of the current statutory limit and restoration of congressional authority to adjust the Court’s size to preserve institutional legitimacy.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
28 U.S.C. §1 – “Number of Justices; quorum”
Please provide a short summary of the justifications for the rescission. *
The size of the Supreme Court is not constitutionally fixed. Congress has changed it before—and must do so again to restore institutional legitimacy, correct structural imbalances, and reflect a modern and diverse nation. The current nine-justice structure has been frozen since 1869, despite vast demographic and legal system growth.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
Not applicable – Congress, not an agency, sets court size.
Please insert the contact information for the agency. *
Clerk of the U.S. House of Representatives U.S. Capitol Washington, D.C. 20515 Clerk of the U.S. Senate U.S. Capitol Washington, D.C. 20510
What is the background for the regulation being rescinded? *
Congress has changed the size of the Supreme Court seven times in U.S. history, often in response to structural demands. The current cap of nine justices was set in 1869, during a period of dramatic political compromise—not enduring constitutional principle. Since then, the Court has amassed extraordinary power over democratic, civil, and economic rights—often overruling the will of elected representatives. In recent years, ideological manipulation of vacancies and erosion of public trust have further destabilized its credibility.
Explain the reasons for the rescission. *
The public deserves a judiciary that reflects the complexity and diversity of the country it governs. A nine-justice court no longer meets that threshold. Expanding the Court would dilute outsized ideological control, reduce the impact of any one vacancy, and restore a sense of procedural fairness. Congress has the clear constitutional authority to rebalance the Court—just as it has before.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Not applicable – The relevant statute (28 U.S.C. §1) would be amended to read: “The Supreme Court of the United States shall consist of [13] Justices.” (The number may vary depending on legislative intent.)
Please insert the name of the current agency head. *
Not applicable – Legislative branch action
Please insert the title of the agency head. *
Not applicable

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