The U.S. House of Representatives voted on Wednesday to reject a proposed constitutional amendment that would have fixed the Supreme Court at nine justices. The measure, introduced by Republican Rep. Andy Biggs of Arizona, failed to secure the two-thirds majority needed for passage, with a final tally of 212-206. The amendment would have required the Supreme Court to consist of one chief justice and eight associate justices, totaling nine. However, the U.S. Constitution does not specify the number of justices, leaving that decision to Congress. Over the years, the size of the Supreme Court has changed multiple times, starting with six justices under the Judiciary Act of 1789 and eventually settling at nine in 1869, where it has remained.
While the vote was not a clear reflection of partisan support for expanding the court, the issue has gained traction within the Democratic Party in recent years. This shift has been driven by decisions from the current 6-3 conservative majority on the Supreme Court, including overturning the Roe v. Wade decision, weakening the Voting Rights Act, and granting former President Donald Trump immunity for certain actions. Some prominent Democrats, including Rep. Jim Clyburn of South Carolina and former Vice President Kamala Harris, have expressed support for increasing the number of justices, with Harris suggesting the idea of adding seats to the court in a recent statement.
House Democratic leaders advised members to oppose the amendment, arguing that it would take away another constitutional power from Congress, which they believe should be controlled by elected representatives. In a message to House members, Rep. Katherine Clark, the House Democratic Whip, warned that the Republican majority had already ceded significant powers to the executive branch and should not now relinquish the authority to determine the number of Supreme Court justices. The amendment was part of a broader strategy by House Republicans to highlight what they see as Democratic overreach, using it as a talking point in the lead-up to the 2026 midterm elections.
To be considered, a constitutional amendment must be approved by two-thirds of both the House and Senate. House Speaker Mike Johnson, a Republican, has stated that if Republicans remain in power, the Supreme Court will stay at nine justices. Meanwhile, some Democrats, including Clyburn, continue to push for expanding the court to 13 justices. Progressive advocates argue that such a move is necessary to counterbalance the current conservative majority, and they suggest that if the court had been dominated by progressive justices, Republicans would have already supported expansion. This issue is expected to play a role in future political campaigns, including the 2028 presidential race.
House Rejects GOP Effort to Fix Supreme Court Size at Nine Justices
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