Key facts
- Democrats in the U.S. House of Representatives voted against a Republican proposal to permanently cap the Supreme Court at nine justices.
- The Republican measure failed to pass, falling short of the required two-thirds majority.
- Republicans aimed to use the vote to highlight the court's conservative majority and make it a campaign issue.
- The U.S. Constitution does not establish the number of Supreme Court justices, which has fluctuated historically.
- Democrats have previously proposed legislation to expand the court to 13 justices.
Democrats in the U.S. House of Representatives defeated a Republican-led constitutional amendment aimed at permanently capping the Supreme Court at nine justices. The vote, which failed 212-206, fell far short of the two-thirds majority required for passage. Republicans staged the vote to highlight the potential for Democrats to expand the court if they regain control of Congress in the upcoming November elections, thereby weakening its conservative majority.
Republicans argued that the amendment was necessary to prevent Democrats from altering the court's composition, particularly after President Donald Trump appointed three justices, establishing a 6-3 conservative majority. House Speaker Mike Johnson stated that Democrats' objective was to "pack the U.S. Supreme Court." Conversely, Democrats characterized the Republican effort as a "partisan power grab" and a tactic to shore up voter support amid concerns about inflation, war, and debt.
The U.S. Constitution does not specify the number of justices on the Supreme Court; its size has varied throughout history, with Congress setting it between five and ten justices. The court has maintained nine justices since 1869. A notable historical precedent is President Franklin D. Roosevelt's 1937 attempt to add six justices, which was widely criticized and decisively rejected by lawmakers.
Recent Supreme Court decisions since 2021, including the overturning of the nationwide right to abortion, expansion of gun rights, and curtailment of federal agency powers, have fueled Democratic calls for reform. Democrats have previously introduced legislation to increase the number of justices to 13.