House Rejects Proposal to Constitutionally Fix Supreme Court at Nine Seats
The House voted 212-206 against a constitutional amendment that would lock the Supreme Court at nine justices, falling short of the two-thirds majority required for passage.
The U.S. House of Representatives voted on Wednesday to reject a joint resolution that would amend the Constitution to set the Supreme Court at nine justices. The measure, introduced by Rep. Andy Biggs (R-AZ), received 212 votes against and 206 in favor, missing the two-thirds threshold needed to advance.
All but one Democratic lawmaker opposed the amendment, reflecting growing openness within the party to expand the Court’s size. House Minority Whip Katherine Clark (D-MA) urged a “no” vote, arguing that the amendment would remove a congressional power and fail to address broader policy concerns.
The Constitution does not specify the Court’s size; Congress has altered the number of justices several times since the Judiciary Act of 1789, settling on nine seats in 1869. While the vote does not directly measure support for expansion, it signals a shift as some Democrats have begun endorsing a larger bench in response to recent Supreme Court decisions.
Demand Justice president Josh Orton said the idea of expanding the Court has moved from a fringe proposal to mainstream discussion, citing public frustration with the current Court majority. Former House Majority Whip Jim Clyburn (D-SC) and former Vice President Kamala Harris have publicly suggested expanding the Court to 13 seats.
Republican leaders framed the vote as part of a broader messaging strategy ahead of the 2026 midterms. House Speaker Mike Johnson (R-LA) reiterated the party’s commitment to maintaining nine seats if it retains control of Congress.
A constitutional amendment requires a two-thirds majority in both the House and the Senate before it can be sent to the states for ratification.