House Democrats defeat amendment to fix Supreme Court size at nine justices
A proposed constitutional amendment to limit the Supreme Court to nine members failed after most House Democrats voted against it, leaving the current eight-justice composition unchanged.
The U.S. House rejected a constitutional amendment that would have set the number of Supreme Court justices at nine. The measure, introduced by Rep. Andy Biggs, R-Ariz., was fast-tracked by Speaker Mike Johnson, R-La., who suspended normal rules and raised the passage threshold to a two-thirds majority. While a majority of House members supported the amendment, it fell short of the required supermajority.
Democrats argued that fixing the Court’s size would cement the current conservative majority and limit Congress’s constitutional authority to adjust the bench. Rep. Jamie Raskin, D-Md., said the proposal would “strip Congress of all authority in the matter” and lock in a partisan configuration. Rep. Mary Gay Scanlon, D-Pa., warned that a permanent nine-justice limit could extend the right-wing majority for generations.
Republicans contended that the amendment would prevent future court-packing efforts by a Democratic-controlled Congress. Rep. Mark Harris, R-N.C., described proposals to increase the Court’s size as attempts to “consolidate power.”
The Constitution permits Congress to determine the number of justices, a power that has been exercised several times in history. The Court currently sits with eight associate justices and a chief justice.