House Votes Down Amendment to Limit Supreme Court Size to Nine Justices

The House of Representatives voted on September 2, 2026, against a proposed constitutional amendment aimed at maintaining the Supreme Court's size at nine justices. The measure failed to achieve the required two-thirds majority, with a vote tally of 212-206. Most Democrats opposed the amendment, reflecting a growing openness within the party to potentially expand the court. The joint resolution, introduced by Rep. Andy Biggs (R-Ariz.), sought to amend the Constitution to state: 'The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.' House Minority Whip Katherine Clark (D-Mass.) urged lawmakers to vote against the proposal, arguing that it would remove a power intended for Congress and fail to address pressing issues such as the affordability crisis under President Donald Trump. The Constitution does not specify the number of justices, leaving that decision to Congress. The Judiciary Act of 1789 initially set the number at six, which has changed multiple times before being fixed at nine in 1869. The vote does not fully represent the Democratic stance on court expansion, as not all members support the idea. However, calls for expansion have gained traction among some Democrats, particularly in response to recent Supreme Court decisions. Josh Orton, president of the progressive group Demand Justice, noted that the idea of court expansion has moved from the political fringe to a mainstream discussion due to public dissatisfaction with the current court's conservative majority. House Speaker Mike Johnson (R-La.) stated that Republicans would maintain nine justices if they remain in power. Rep. Jim Clyburn (D-S.C.) recently endorsed expanding the court to 13 justices, suggesting that significant action is needed from Congress. Former Vice President Kamala Harris, the 2024 Democratic presidential nominee, has also expressed support for revisiting the idea of expanding the court. Orton indicated that Supreme Court reform will be a key issue in the 2028 presidential election.