Washington — A proposed constitutional amendment introduced by Republican representatives aiming to restrict the Supreme Court to nine justices was rejected by the House on Wednesday, falling significantly short of the required two-thirds majority for passage.
The House voted 212 to 206 on a joint resolution concerning the amendment, which was championed by GOP Representative Andy Biggs from Arizona. This amendment sought to establish that “the Supreme Court of the United States shall consist of nine justices, including one chief justice and eight associate justices.”
During the floor debate, Biggs emphasized that the measure would permanently fix the number of justices at nine, stating, “It is not about the number nine being magical, but rather about preventing any future administration from expanding the court based on electoral victories.”
To amend the Constitution, a two-thirds majority vote must be achieved in both the House and Senate, followed by ratification from three-fourths of the states.
This vote is part of a broader Republican strategy to challenge the Democratic Socialists of America, particularly as several candidates aligned with their ideology are expected to take office next year. Earlier in the week, the House passed a resolution denouncing socialism “in all its forms.”
The platform of the DSA advocates for the Supreme Court to be replaced by a “judiciary chosen by and subordinate to Congress.” In recent years, some Democrats, including South Carolina Representative James Clyburn, have expressed support for expanding the Supreme Court, suggesting an increase to 13 justices.
House Speaker Mike Johnson asserted on Tuesday that maintaining the Supreme Court at nine justices is of “critical importance.” He stated, “Having nine justices has proven effective. If we pursue court packing, it could devolve into a political spectacle, which would not benefit the country.”
Democratic leaders in the House urged their colleagues to oppose the amendment, arguing that it would diminish Congress’s constitutional authority, which is meant to be exercised by representatives of the American people.
Rep. Katherine Clark of Massachusetts, the House Democratic Whip, noted in a communication to members that the current Republican majority has already ceded various Congressional powers, including those related to war, taxation, and spending, to former President Trump. She expressed concern that this amendment would further surrender the Congressional power to determine the number of Supreme Court justices, a responsibility outlined in Article I of the Constitution.
Since the establishment of the Supreme Court in 1789, Congress has modified the number of justices on seven occasions, with the court maintaining nine seats since 1869.
Maryland Representative Jamie Raskin, the leading Democrat on the House Judiciary Committee, suggested that the vote reflects the GOP’s anxieties regarding the upcoming November elections. He stated, “Congress members aligned with Trump are attempting to entrench the political court that the MAGA movement has created for years into the future, thereby pressuring us to relinquish another crucial power entrusted to us by the framers.”
