US Congress rejects constitutional amendment to restrict Supreme Court size
Key Points:
- The US House of Representatives failed to advance a Republican-backed constitutional amendment to permanently cap the Supreme Court at nine justices, with the final vote at 212 in favor and 206 opposed, falling short of the two-thirds majority needed.
- The vote was largely along party lines, with only one Democrat supporting the amendment and one Republican-aligned independent opposing it, reflecting deep partisan divisions over the court's size amid ongoing debates about "court packing."
- Republicans have used this and a related resolution condemning socialism as messaging tools ahead of the November midterm elections to pressure Democrats on their stance toward the Supreme Court and socialism.
- Some Democrats, including Senator Jim Clyburn and 2024 presidential nominee Kamala Harris, have advocated expanding the Supreme Court to 13 justices to counterbalance the current conservative majority, a move opposed by Republicans who emphasize protecting judicial independence.
- The Supreme Court's size is not fixed by the Constitution but set by Congress, with the current nine-justice structure established in 1869; attempts to alter the court's composition, such as Franklin D. Roosevelt's 1930s court-packing plan, have historically been controversial.