House Rejects GOP Amendment to Cap Supreme Court at 9 Justices

The House rejected a Republican-backed constitutional amendment on Wednesday that would have permanently capped the Supreme Court at nine justices. The vote was 212-206, far short of the two-thirds majority needed to pass. Democrats, who voted almost unanimously against it, argue the amendment would strip Congress of its constitutional power to set the court’s size. The defeat signals growing Democratic openness to expanding the court if they regain control of Congress.

How the vote broke down

The House voted 212-206 on the joint resolution led by Rep. Andy Biggs, R-Ariz. All but one Democrat voted no. Rep. Don Davis of North Carolina was the sole Democrat to support it. Independent Rep. Kevin Kiley of California, who caucuses with Republicans, voted against it. Speaker Mike Johnson used a procedural move called suspending the rules, which raised the passage threshold from a simple majority to two-thirds in exchange for fast-tracking the bill past multiple hurdles.

Why Democrats opposed the amendment

Democrats argued the amendment would surrender Congress’s constitutional authority to set the court’s size. House Minority Whip Katherine Clark’s office said the amendment would do nothing to address the affordability crisis under President Trump. Rep. Mike Levin of California stated Congress should defend its constitutional powers rather than voluntarily surrender them, noting that choosing not to exercise a power differs from amending the Constitution to ensure Congress can never exercise it again.

The court’s size and Democratic expansion plans

The Constitution does not specify how many justices should sit on the Supreme Court. The Judiciary Act of 1789 established six justices. The number changed multiple times over the next century, reaching a high of 10 seats before being set at nine in 1869, where it has remained. Trump warned for months that Democrats would seek to expand the court if they took back control of Congress. Former Vice President Kamala Harris and Sen. Elizabeth Warren have backed major changes to the Supreme Court. Democratic enthusiasm for expansion has grown since the 6-3 conservative majority overturned Roe v. Wade, weakened the Voting Rights Act, and granted Trump immunity for official acts.

What happens next

The failed amendment is largely a messaging exercise ahead of November’s midterm elections. Republicans sought to put Democrats on record as opposing restrictions on court expansion. The vote comes as both parties prepare for elections that will determine which party controls Congress. Democrats have not endorsed expanding the court as official party policy, though the idea has migrated from the far left to the mainstream within the party in recent years.

Final Thoughts

Democrats blocked the amendment to preserve Congress’s constitutional authority over the court’s size. With Democratic support for expansion growing, the failed vote signals Republicans’ inability to lock in the nine-justice structure before a potential Democratic takeover.

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