House Democrats block constitutional amendment to lock Supreme Court at 9 justices
WASHINGTON, DC: The House voted down a proposed constitutional amendment Wednesday that would have permanently fixed the Supreme Court at nine seats, with the measure falling well short of the two-thirds majority required to pass.
The final tally was 212-206, with all but one Democrat voting against it, reflecting growing openness within the party to expanding the Supreme Court by four seats.
House Democrats reject constitutional amendment to cap Supreme Court at 9 justices
The joint resolution, offered by Rep. Andy Biggs, R-Ariz., calls for amending the Constitution to say, "The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.”
The office of House Minority Whip Katherine Clark, D-Mass., encouraged lawmakers to vote “no,” saying the amendment would take away a power intended for Congress and do nothing to address the “affordability crisis” under President Donald Trump.
“This proposed constitutional amendment would permanently fix the number of Supreme Court justices at nine, stripping Congress of yet another constitutional authority that is meant to be controlled by the American people’s representatives,” Clark’s office wrote to lawmakers Wednesday ahead of the vote.
The Constitution does not specify the size of the Supreme Court; it defers to Congress on that matter. The Judiciary Act of 1789 established six justices.
The Constitution does not specify the size of the Supreme Court; it defers to Congress on that matter. The Judiciary Act of 1789 established six justices.
The size of the court changed a half-dozen times over the next century, both shrinking and expanding to a high of 10 seats, before it was set in 1869 at nine seats, where it has remained since.
Wednesday's vote does not give us an exact read on how many Democrats back expansion, since plenty have not publicly signed on yet.
Still, the idea is no longer stuck on the fringe, it’s gained real traction within the party.
Josh Orton, who leads Demand Justice, the progressive judicial organization that's advocated for expansion since 2020, sees the change as a direct response to growing anger over the court’s solid 6-3 conservative majority.
Supreme Court expansion debate gains traction ahead of 2026 midterms
House Republican leaders lined up several messaging votes this week, including a resolution denouncing socialism. They're using these measures to highlight the differences between their party and Democrats as the 2026 midterms approach.
“What was once a fairly dramatic and fringe idea has now become mainstream because of how fed up the country has become with the [Chief Justice John] Roberts majority,” said Josh Orton, president of the progressive judicial group Demand Justice, which has been pushing for court expansion since 2020.
“Give House Democrats an ounce of power, and they’ll use every bit of it to fundamentally transform America into an unrecognizable socialist hellscape,” said Mike Marinella, a spokesman for the House Republicans’ campaign arm.
Rep. Don Davis of North Carolina was the only Democrat who voted Wednesday with all Republicans in support of the proposed amendment. Rep. Kevin Kiley, an independent from California who caucuses with Republicans, voted against it.
