House Speaker Johnson proposes constitutional amendment to limit Supreme Court to nine justices
Speaker Mike Johnson introduced a constitutional amendment to fix the number of Supreme Court justices at nine, but the measure was rejected on the House floor, while Democrats continue to discuss expanding the court.
Speaker of the House Mike Johnson announced a proposal to amend the Constitution to set the Supreme Court’s size at nine justices. The resolution, formally introduced by Rep. Andy Biggs, was brought to the House floor on Wednesday and failed to pass, with votes split along party lines. This marks the first time in three decades that a House speaker has led a constitutional amendment effort on the court’s composition.
Johnson argued that a constitutional amendment is needed because the current nine-justice limit is established by statute, not by the Constitution, and could be changed by future legislation. Democrats have been vocal about expanding the Court, with figures such as Kamala Harris, former Secretary of Transportation Pete Buttigieg, and Rep. Jim Clyburn supporting a 13-justice plan.
"The amendment would strip Congress of yet another constitutional authority that is meant to be controlled by the American people’s representatives," House Minority Whip Katherine Clark said in response to the proposal.
Republican lawmakers have previously introduced similar measures, including a constitutional amendment filed by Sen. Ted Cruz last year, which also failed to advance. The debate highlights differing views within Congress on how to address the Court’s size and the legislative authority over it.