House Republicans returned to session this week with a solid conservative legislative agenda, but with too small of a majority to do much to advance it.
The House on Wednesday rejected a Republican-backed proposal to amend the Constitution and permanently limit the Supreme Court to nine justices.
The measure failed 212-206, falling well short of the two-thirds majority required for a constitutional amendment. The vote largely followed party lines, with Rep. Don Davis, D-N.C., the only Democrat to break with his party.
The proposed amendment stated simply that “The Supreme Court of the United States shall be composed of nine justices.”
If adopted, the amendment would have prevented future presidents and Congresses from expanding the size of the court, an idea some Democrats have promoted as part of broader efforts to undermine the 6-3 conservative majority.
Republicans argued that expanding the court would threaten its independence. Rep. Jim Jordan, R-Ohio, characterized court expansion proposals as an attack on the judiciary.
Democrats countered that reforms are necessary because they believe the current court has become too partisan. Rep. Jamie Raskin, D-Md., described it as “profoundly partisan and lopsided.”
Even if the measure had cleared the House, it would still have required approval from two-thirds of the Senate and ratification by three-fourths of the states.
House Speaker Mike Johnson, R-La., said ahead of the vote that Republicans also wanted to force Democrats to take a public position on expanding the court, saying the vote would make them “put their money where their mouth is.”
‘Reforming’ the Supreme Court is expected to become a major congressional issue if Democrats regain control of the House next year.
House Minority Leader Hakeem Jeffries, D-N.Y., said in August that he believes “dramatic” changes to the court are “necessary” and indicated that Rep. Jamie Raskin, D-Md., one of the most left-wing members of his party, would lead those efforts as chairman of the House Judiciary Committee if Democrats win the majority.
Jeffries said Democrats are considering “a variety of different options” and added that the party should not rule out any specific proposal.
Expanding the number of justices remains one of the more divisive reform ideas.
A Marquette University Law School poll conducted in May found voters evenly split, with 50% supporting court expansion and 50% opposing it.
Other proposals have drawn significantly broader support.
In the same Marquette poll, 79% of respondents said they somewhat or strongly supported imposing fixed terms for Supreme Court justices, while 21% opposed the idea.
A 2023 Pew Research Center survey also found that 74% of Americans supported establishing a maximum age limit for Supreme Court justices, compared with 46% who backed expanding the size of the court.
Democratic lawmakers criticized the proposed constitutional amendment during House debate Wednesday, arguing that Republicans were attempting to permanently “lock in” the Supreme Court’s current conservative majority – a claim that makes no sense given that future Democrat presidents would no doubt put liberals on the bench to replace retiring justices.
Democrats also pointed to past Republican actions involving the court, including the Senate’s refusal to hold a confirmation hearing for Merrick Garland after President Barack Obama nominated him in 2016.
Rep. Jamie Raskin, D-Md., described that episode as “court packing on steroids,” which is false, given that the Senate is not required under the Constitution to give its consent to any presidential nominee.
Several Democrats also questioned why the number of justices should be permanently fixed at nine, noting that Congress has historically had authority over the size of the Supreme Court.
They argued that writing the number into the Constitution would restrict the ability of future lawmakers to respond to changing circumstances, which – in this case – is Democrats who want to pack the court with liberal justices who would rule in favor of their political and legislative agendas.
Several Democrats, especially those on the far left, have repeatedly claimed in recent months they want to “pack” the Supreme Court with like-minded justices.
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