House Rejects 9-Justice Supreme Court Amendment in 212-206 Vote
Updated
Updated · CBS New York · Sep 2
House Rejects 9-Justice Supreme Court Amendment in 212-206 Vote
3 articles · Updated · CBS New York · Sep 2
Summary
A 212-206 House vote sank a Republican constitutional amendment to permanently set the Supreme Court at nine justices, far short of the two-thirds majority needed to advance.
Rep. Andy Biggs said the measure would block future court expansion by whichever party wins power, while Speaker Mike Johnson called a nine-seat limit “critically important.”
House Democratic leaders urged opposition, arguing the amendment would permanently give up Congress’s Article I power to set the court’s size; Jamie Raskin said Republicans were trying to lock in a conservative court.
The vote fits a broader GOP push this week to target Democratic Socialists of America positions as left-wing candidates near Congress, with some Democrats still backing expansion to 13 seats.
Congress has changed the court’s size seven times since 1789, though the Supreme Court has had nine seats since 1869.
Why has the Supreme Court size remained at nine since 1869 despite the Constitution allowing Congress to change it?
Could permanently fixing the number of justices in the Constitution actually harm the adaptability of the federal judiciary over time?
If capping the Court's size fails, what alternative structural reforms could ensure judicial independence without requiring a constitutional amendment?