All but one House Democrat opposed a proposed constitutional amendment to fix the U.S. Supreme Court at nine justices, according to The Center Square’s Thérèse Boudreaux. The measure failed 212–206 on Wednesday under suspension of the rules, a process that requires a two‑thirds majority. The Center Square also reported eight Democrats did not vote.
The draft amendment stated: “The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices,” per The Center Square.
Opposite warnings after the vote
The Center Square reported that both parties cast the result in political terms. The Republican Study Committee (RSC) wrote on social media: “The Democrats want to stage a takeover of an institution built to stay above politics by stacking the bench with judges who answer to their radical base instead of the Constitution. It’s un-American and against the very principles this country was built on.”
Rep. Jamie Raskin, D‑Md., posted his opposition before the vote, arguing Congress should not surrender its authority over court size: “After sycophantically surrendering to Donald Trump our war powers, spending powers, tariff powers, and powers over federal buildings, to name a few, now they want to give up a power we have had since the Republic was founded: the power to decide how many Justices will be on the Supreme Court,” he wrote. “We have exercised this power seven times in our history, with the Court having as many as 10 Justices and as few as six. I will vote against this radical measure abdicating a power assigned to us by the Framers simply to please a would‑be king.”
Clark cites Congress’s authority
House Democratic Whip Katherine Clark, D‑Mass., told colleagues in a written statement that, “Over the course of history, Congress has periodically exercised its constitutional authority to pass legislation changing the size, structure, and jurisdiction of the Court and federal judiciary to reflect political, geographic, and demographic changes in the country.” She added: “H.J.Res. 1 is not a serious effort to improve our constitutional system or address the challenges everyday Americans are facing. It is yet another attempt by House Republicans to surrender Congress’ constitutional powers and oversight duties over both the President and the Supreme Court.”
What failed—and what remains undecided
The Center Square reported the vote did not meet the two‑thirds threshold required under suspension of the rules, so the proposed amendment did not advance. The outlet also noted that Democratic leaders did not rule out changing the Court’s size in the future; Clark’s statement emphasized Congress’s existing power rather than permanently capping the Court at nine.
