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Committee debates Article V application to cap Supreme Court size; substitute fails, 40-first-day carried

South Dakota House State Affairs Committee · February 25, 2026

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Summary

SJR502, an Article V application proposing to fix the U.S. Supreme Court at nine justices, drew history-focused proponents and opponents warning of a broader convention risk; a substitute do-pass failed, but the committee sent the measure to the 40-first-day calendar.

The committee considered SJR502, an application under Article V of the U.S. Constitution asking Congress to call a convention to propose an amendment capping the Supreme Court at nine justices.

Senator Mike Ruhl, sponsor, traced historical changes in Court size and urged the committee to support a congressional amendment or a state application that would back the effort. "Capping the court at 9 justices will protect the integrity of the Supreme Court," he told the committee. Proponents emphasized the historical precedent for states pressing Congress when federal action stalls.

Opponents, including constitutional scholars and public-interest witnesses, warned an Article V convention could open the Constitution to unrelated amendments and posed risks beyond the stated objective. After substitute motions and a roll-call, the committee did not adopt a do-pass substitute but subsequently approved a 40-first-day motion to place SJR502 on the calendar for future floor consideration.