House Democrats on Wednesday voted down a proposed constitutional amendment that would have capped the number of Supreme Court justices at nine, thwarting a Republican effort to preemptively address concerns about potential "court packing."
President Donald Trump has repeatedly warned that Democrats intend to expand the Supreme Court if they regain control of Congress. House Republicans, led by Rep. Andy Biggs, R-Ariz., put forward the amendment as a means to prevent such a move. The measure required a two-thirds majority to pass under a procedure known as "suspending the rules," but it fell short despite receiving a simple majority of support.
The Constitution does not specify the number of justices on the Supreme Court; Congress has the authority to set this number. Republicans argued that codifying the nine-justice cap would protect the court's independence from political influence. Biggs stated on Wednesday, "If a sitting majority can change the size of the Supreme Court the moment it dislikes rulings, what happens to the next time the other side is in power?"
However, Democrats countered that the proposed amendment was a partisan maneuver aimed at preserving the current conservative majority. Rep. Jamie Raskin, D-Md., argued that Congress has altered the court's size historically and dismissed the current number as arbitrary. He contended that the Republican proposal seeks to "freeze it, and cemented permanently in the constitutional architecture for all time with the suddenly magic number nine." Raskin also criticized the current court's composition, attributing its conservative leanings to the actions of former Senate GOP Leader Mitch McConnell.
Progressive arguments for expanding the court often cite the need for one justice per federal circuit court. Conversely, Republicans like Rep. Mark Harris, R-N.C., warned that calls to expand the court are motivated by a desire to consolidate power rather than uphold ethical principles. Rep. Mary Gay Scanlon, D-Pa., expressed concern that a permanent cap would lock in a right-wing majority for decades, characterizing the current court's actions as an "unprecedented assault on Supreme Court norms and our constitutional order."
The failure of the amendment means the debate over the Supreme Court's size and potential expansion remains open, with significant partisan divisions on the issue.