House rejects amendment to cap Supreme Court at nine seats
The U.S. House voted 212-206 against a joint resolution that would have permanently limited the Supreme Court to nine justices, falling short of the two-thirds majority required for a constitutional amendment.
The U.S. House of Representatives voted Wednesday against a Republican-backed joint resolution that sought to amend the Constitution to permanently set the Supreme Court at its current nine seats. The measure received 212 votes in favor and 206 against, failing to reach the two-thirds supermajority needed for constitutional changes.
Only one Democrat, Rep. Don Davis of North Carolina, supported the amendment, while independent Rep. Kevin Kiley of California, who caucuses with Republicans, voted against it.
House Speaker Mike Johnson posted on X that members of Congress who swore an oath to support the Constitution should not find it controversial to condemn socialism or defend the court’s integrity, adding that Democrats had made it a point of contention.
The vote follows a separate resolution condemning socialism that passed 220-192, also with bipartisan support. Both measures are viewed by analysts as partisan messaging ahead of the November midterm elections, which will determine control of Congress.
Democrats have periodically advocated expanding the Court to counter its current conservative majority, with proposals ranging from adding justices to instituting term limits. The Constitution does not specify the Court’s size, leaving it to legislative action. Historical attempts to alter the Court’s composition, such as President Franklin D. Roosevelt’s 1937 plan, were unsuccessful.
Republican leaders, including Sen. Chuck Grassley, have opposed any expansion, arguing it would threaten judicial independence.