A proposed constitutional amendment to set the number of Supreme Court justices at nine failed in the House Wednesday by a vote of 212-206, with all but one Democrat voting against the measure. Offered by Rep. Andy Biggs, R-Ariz., the resolution would have enshrined the current court size in the Constitution, a matter currently determined by Congress. The Constitution does not specify the number of justices; the Judiciary Act of 1789 initially established six, and the number has varied over time before settling at nine in 1869.
The vote largely fell along party lines, though Rep. Don Davis of North Carolina was the sole Democrat to join Republicans in support. House Minority Whip Katherine Clark, D-Mass., encouraged Democrats to vote against the amendment, arguing it would unnecessarily restrict congressional authority and fail to address concerns about affordability.
The failed amendment comes as discussion of expanding the Supreme Court has gained traction within the Democratic party, fueled by recent conservative rulings overturning Roe v. Wade, weakening the Voting Rights Act, and granting former President Trump immunity in certain cases. Josh Orton, president of the progressive judicial group Demand Justice, stated, “What was once a fairly dramatic and fringe idea has now become mainstream because of how fed up the country has become with the [Chief Justice John] Roberts majority,” adding, “People understand this is now an emergency.”
House Republican leaders framed the vote as part of a series of messaging opportunities ahead of the 2026 midterm elections, with spokesman Mike Marinella claiming Democrats would fundamentally transform America into a “socialist hellscape” if given more power. The outcome of this vote, and whether the idea of court expansion gains further momentum, remains to be seen.
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