Speaker of the House Mike Johnson recently proposed a constitutional amendment to cap the number of Supreme Court justices at nine. The current size of the court is determined by federal law, not the Constitution, and Johnson argued that this amendment was necessary to prevent Democrats from increasing the number of justices. However, the proposal was introduced and immediately defeated along party lines within a 24-hour period. Despite this setback, the debate over the structure of the Supreme Court is expected to continue.
The amendment was formally introduced by Arizona Rep. Andy Biggs, though Johnson, as the first House speaker in 30 years to lead a constitutional amendment effort, took the initiative. The measure was a single sentence, but Johnson believed it was necessary because the Constitution allows Congress to set the size of the court through legislation. Historically, the number of justices has changed several times. The court grew from six to 10 during the Civil War era, and the Judiciary Act of 1869 set the current number of nine. Expanding the court would require a Democratic majority in Congress to pass a law and a Democratic president to sign it.
Support for expanding the Supreme Court to 13 justices is growing within the Democratic Party. Former Vice President Kamala Harris has advocated for this change, arguing that it would allow each justice to review motions from lower courts individually. Pete Buttigieg, a former presidential candidate, has also supported the 13-justice model and proposed reforms to reduce partisanship in the nomination process. South Carolina Rep. Jim Clyburn, a prominent Democrat, has expressed support for court expansion, a position that is now widely held among Democratic lawmakers.
The Constitution gives Congress significant authority over the structure and size of the Supreme Court. Article 3 of the Constitution mandates the existence of a Supreme Court but limits its jurisdiction to specific types of cases, such as disputes between states. Congress has the power to assign jurisdiction over other cases and to create additional federal courts, which it has done as the population has grown. The Senate also plays a key role in confirming or removing Supreme Court justices. House Minority Whip Katherine Clark argued that Johnson’s amendment would take away a constitutional authority that should be controlled by elected representatives.
In the Senate, Texas Sen. Ted Cruz introduced a similar failed amendment last year. Although Cruz is running for the Republican presidential nomination, the party remains led by Donald Trump, who incited the Capitol riot after losing the 2020 election. Trump had previously called for election officials to “stop the count” in states where he was trailing. Johnson’s proposal to freeze the court’s size comes at a time when Republican-appointed justices are reshaping American law. The debate over court reform is likely to continue as the Supreme Court remains seen as out of touch with the public, facing criticism for its handling of ethics, privacy, and voting rights issues.
House Speaker Proposes Constitutional Amendment to Cap Supreme Court Size
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