House Democrats on [date] voted down a proposed constitutional amendment that would have codified the Supreme Court's composition at nine justices. The amendment failed by a vote of 212-206, falling short of the two-thirds majority required for passage in the House.
Republicans introduced the amendment as a strategy to pressure Democrats, accusing them of intending to "pack" the court due to its conservative majority. House Speaker Mike Johnson stated before the vote that the measure would reveal the true intentions of certain Democrats who have aligned with or expressed views similar to the Democratic Socialists of America (DSA), an organization that advocates for abolishing the Supreme Court.
The amendment specifically aimed to establish one chief justice and eight associate justices. The Supreme Court's current nine-justice structure has remained unchanged since 1869, although the court's composition initially began with six justices. Congress possesses the authority to alter the number of justices through statutory law, a measure that would require overcoming a 60-vote filibuster in the Senate.
In recent times, several prominent Democrats have discussed the possibility of expanding the Supreme Court. Former Vice President Kamala Harris suggested in July that the court should be expanded to 13 justices, mirroring the number of federal judicial districts. Similarly, Rep. Jim Clyburn advocated for a "baker's dozen" number of justices on NBC's "Meet the Press" over the weekend.
Supporters of the amendment, such as Rep. Andy Biggs, argued that it would protect the court from political influence. Biggs questioned how the Supreme Court could safeguard Americans from government overreach if the government could alter the court's composition based on its rulings. Mike Brochstein/ZUMA / SplashNews.com