LETTER: Oppose H.J.Res.1, a Constitutional Amendment to Lock the Number of Supreme Court Justices

Ahead of the anticipated vote on H.J.Res.1, a Constitutional amendment limiting Congress’ power by locking the number of Supreme Court Justices at nine, the League of Conservation Voters (LCV) urged representatives to oppose H.J.Res.1. LCV will strongly consider including these votes in our 2026 National Environmental Scorecard.

Read the full letter below.

***

August 31, 2026

United States House of Representatives
Washington, DC 20515

Re: Oppose H.J.Res.1 limiting Congress’ power to check the Supreme Court

Dear Representative,

The League of Conservation Voters (LCV) believes that everyone has a right to clean air, clean water, public lands, and a safe climate protected by a just and equitable democracy. Achieving these requires highly qualified, ethical public officials committed to protecting the people’s freedoms, respecting the rule of law, and ensuring equal justice for all. Each year, LCV publishes the National Environmental Scorecard, detailing the voting records of members of Congress. The Scorecard is distributed to LCV members, concerned voters nationwide, and the media. 

We urge you to vote NO on H.J.Res.1, a Constitutional amendment limiting Congress’ power by locking the number of Supreme Court Justices at nine. This proposed amendment would deprive Congress of one of its most important powers under the system of checks and balances established by the framers of the Constitution over two centuries ago. We urge you to ensure Congress keeps all options on the table to hold the Court accountable to the people and the Constitution.

The Constitution has never set the number of justices on the Supreme Court. The number is set by a statute, 28 U.S.C. § 1. Setting and changing the number of seats on the Court is one of Congress’ most important powers to check the judicial branch. Congress has exercised that power seven times before, including in laws signed by George Washington, Thomas Jefferson, and Abraham Lincoln. 

The people elect the Congress and the President, but the people have no direct power over the Supreme Court. The people have no role in nominating, confirming, or removing justices who serve for life and exercise extraordinary power over the people’s lives. The people’s representatives hold full responsibility for ensuring the Court serves constitutional democracy faithfully, and must retain every option to do so–including Congress’ longstanding power to change the number of justices.

After extreme, anti-constitutional decisions such as West Virginia v. EPA (inventing new constitutional law to limit common-sense climate action under the Clean Air Act) and Louisiana v. Callais (demolishing the Voting Rights Act), LCV supports expanding and rebalancing the Court with new pro-environment, pro-democracy justices. Most Americans support expanding the Court. But even those not ready to take that position should maintain the power of Congress to exercise checks and balances over the least accountable branch of government.

For all these reasons, LCV strongly urges you to vote NO on H.J.Res.1, a Constitutional amendment limiting Congress’ power by locking the number of Supreme Court Justices at nine. We will strongly consider including votes on this resolution in our next Scorecard. If you would like more information, please reach out to a member of our government relations team.

Sincerely,

Pete Maysmith, President