Full Breakdown
House Rejects Amendment to Fix Supreme Court at Nine Justices
9/3/2026, 3:51:24 AM
Vote Outcome
The House voted on a joint resolution to add a sentence to the Constitution that the Supreme Court shall have nine justices. The proposal fell short of the two-thirds supermajority, losing 212–206, with the vote split almost entirely along party lines. Rep. Andy Biggs (R-AZ) introduced the measure under suspended rules, calling it a way to “freeze” the Court’s size.
Background
Calls to alter the Court’s makeup intensified after the 2023 overturning of Roe v. Wade. Democrats revived the 2021 Judiciary Act, which would raise the bench to 13, saying the current nine-justice configuration is arbitrary. Congress has changed the Court’s size several times before settling on nine in 1869. Supporters argue a fixed number would stop future partisan expansions.
Positions
Republicans say the amendment blocks Democratic “court-packing” and shields the judiciary from political swings. Democrats argue that fixing the Court at nine would entrench the present conservative majority. Jim Clyburn (D-SC) pushed for expanding to 13 justices.
Verbatim Quotes
- “Here's the question every American should ask: 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?” — Rep. Andy Biggs
- “For decades, we have heard calls from those unhappy with the ideological balance of the Supreme Court to pack the court. The alarming rise of such calls should worry all of us, because their objective is not to uphold ethical principles or even to protect individual rights, but rather to consolidate power and intimidate the court,” — Kamala Harris, former vice president
- “I think it would be a grave mistake to dictate how many justices should sit on the Supreme Court in perpetuity, and thereby lock in for a generation or more a right-wing majority, which is engaged in an unprecedented assault on Supreme Court norms and our constitutional order for the past several years,” — Rep. Mary Gay Scanlon
- “That’s why the amendment before us is so important. It fixes the number of justices at nine permanently, not because nine is a magic number, but because a fixed court cannot be expanded by whoever happens to win the next election,” — Rep. Andy Biggs
