House Democrats Block Supreme Court Cap Amendment.
The House voted 212-206 on Wednesday to reject a constitutional amendment that would have fixed the Supreme Court permanently at nine justices. The measure fell well short of the two-thirds majority required.
- 290 votes were needed; the amendment drew only 212.
- All Republicans voted yes; all but one Democrat voted no.
- Rep. Don Davis, D-N.C., was the sole Democrat to vote in favor.
- Rep. Andy Biggs, R-Ariz., introduced the single-sentence joint resolution.
Why it matters: Congress currently sets the court's size by simple majority statute. The amendment would have moved that power into the Constitution, requiring another amendment to change it.
- The court has had nine seats since 1869; Congress has altered its size seven times since 1789.
- Several prominent Democrats — including Rep. Jim Clyburn and former Vice President Kamala Harris — have recently voiced support for expanding the court to 13 seats.
How 29 sources split on this story
Where they split: The core dispute is whether fixing the court's size protects judicial independence or permanently strips a constitutional power from Congress.
Center coverage, 5 sources: The center frames the vote primarily as a midterm messaging exercise, noting it had no real path to passage and gave both parties a new campaign talking point.
USA Today9hHouse bats down measure to prevent Supreme Court from expanding
Forbes8hRepublican Bill Enshrining Supreme Court At 9 Justices Fails To Pass HouseYNYahoo News8hDemocrats block proposed constitutional amendment to keep Supreme Court justices to nine
Newsweek8hOne Democrat votes to keep Supreme Court at 9 justices
The Hill8hDemocrats block proposed constitutional amendment to keep Supreme Court justices to nineLeft coverage, 8 sources: The left frames the vote as a Republican attempt to permanently lock in a conservative court built through hardball tactics, while Democratic support for expansion has moved from fringe to mainstream.
NBC News9hHouse Democrats block constitutional amendment on Supreme Court size
CBS News9hHouse rejects GOP constitutional amendment to limit Supreme Court to 9 justices
Raw Story6h'Almost impossible': Legal expert shuts down Mike Johnson's Supreme Court gambit
Al Jazeera4hUS Congress rejects constitutional amendment to restrict Supreme Court sizeFPFlorida Phoenix15h9 justices on the Supreme Court or 13? Numbers battle revived in CongressGRGeorgia Recorder8h9 justices on the Supreme Court or 13? Numbers battle revived in Congress
MSNBC20hThe biggest problem with the GOP’s Supreme Court seat amendmentOCJOhio Capital Journal12h9 justices on the Supreme Court or 13? Numbers battle revived in CongressRight coverage, 16 sources: The right frames the vote as a necessary defense of judicial independence against Democratic plans to pack the court with left-leaning justices for political advantage.
The Epoch Times1dHouse Fails to Pass Resolution Limiting Supreme Court to 9 Justices
Just the News7hHouse Democrats block proposed Constitutional amendment that would cap SCOTUS at nine justices
Fox News9hRepublicans fail to ease one of Trump's greatest fears as Supreme Court measure collapses
New York Post8hDems kill Supreme Court constitutional amendment -- keep DSA dream alive to abolish justices
Newsmax9hDemocrats Sink GOP Bid to Cement Supreme Court Majority
NTD5hHouse Fails to Pass Resolution Limiting Supreme Court to 9 Justices
RedState11hRadical Dems Defeat SCOTUS Court-Packing Amendment 212-206 — Only One Broke From the Pack
RSBNetwork1dA new Constitutional amendment? Speaker Johnson announces GOP plansTCSThe Center Square9hHouse Dems block constitutional amendment capping SCOTUS to nine justices
The Federalist8h205 House Democrats Vote To Kill Anti-Court Packing Amendment
The Gateway Pundit5hBREAKING: House Fails To Secure 2/3 Vote—Radical Majority of Democrats Vote Against Passing Constitutional Amendment to Lock Supreme Court at Nine Justices * The Gateway Pundit * by Patty McMurray
The National Pulse6hHouse Democrats Block Amendment Stopping Supreme Court Packing.What’s next: Republicans plan to use the vote as a midterm campaign argument against Democrats.
- Josh Orton of Demand Justice said court expansion will be a central issue in the 2028 presidential race.
- How many House Democrats would support an expansion bill if one came to a vote under a Democratic majority?
- Would Senate Republicans bring a companion resolution to a vote, and could it reach two-thirds there?