A Republican sponsored constitutional amendment aimed at preventing Democrats from packing the Supreme Court failed to pass in the House on Wednesday.
House Speaker Mike Johnson (LA-4) on Tuesday announced that House Republicans were proposing the amendment. ““We are going to bring a constitutional amendment. It is a bill to amend the U.S. Constitution to ensure that the U.S. Supreme Court remains composed of only nine justices. We will keep the nine,” he said.
However, the amendment failed because it requires a two-thirds vote to pass.
From CBS News:
A Republican-proposed constitutional amendment to limit the Supreme Court to nine justices failed in the House on Wednesday, coming up well short of the two-thirds majority support needed for adoption.
The House voted 212 to 206 on a joint resolution to approve the amendment, which was proposed by GOP Rep. Andy Biggs of Arizona. The amendment would require that "the Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices."
"It fixes the number of justices at nine permanently, not because nine is a magic number, but because a fixed court cannot be expanded by whoever happens to win the next election," Biggs said during floor debate Wednesday.
Amending the Constitution requires a two-thirds majority vote in both the House and Senate and then ratification by three-fourths of the states.
It's the latest vote this week that Republicans are using to target the positions of the Democratic Socialists of America as several candidates who embrace its positions are poised to become members of Congress next year. On Tuesday, the House adopted a resolution condemning socialism "in all its forms."
The DSA's platform calls to replace the Supreme Court with a "judiciary chosen by and subordinate to Congress." Some Democrats have called for an expansion of the Supreme Court in recent years, including Rep. James Clyburn of South Carolina, who on Sunday voiced his support for expanding the court to 13 justices.
🚨 House Rejects Amendment to Permanently Cap the Supreme Court at Nine Justices.
— Morse Report (@MorseReport) September 3, 2026
A proposed constitutional amendment stating the Supreme Court shall be composed of nine justices failed 212-206, short of the two-thirds majority required. Only one Democrat joined Republicans.… pic.twitter.com/xdTQ7elEI6
Democrats have ramped up their calls for expanding the Supreme Court over the past decade. It was a response to a long line of rulings that did not go in their favor. Several high-profile Democrats have pushed for packing the court, including former Vice President Kamala Harris and former Transportation Secretary Pete Buttigieg.
Additionally, according to The Washington Post, other notable Democrats, such as 2024 presidential nominee Kamala Harris and former Transportation Secretary Pete Buttigieg, have echoed these sentiments, suggesting an increase to 13 justices would better align the court with the current number of federal judicial districts.