House Rejects Amendment to Cap Supreme Court at 9 Justices
The Facts
- The U.S. House voted 212-206 on Wednesday to reject a proposed constitutional amendment that would have permanently fixed the Supreme Court (SCOTUS) at nine justices, falling well short of the two-thirds majority required for passage.
- The vote fell almost entirely along party lines, with Rep. Don Davis of North Carolina the only Democrat to join Republicans in support. Rep. Kevin Kiley, a California independent who caucuses with Republicans, voted against it.
- Rep. Andy Biggs (R-Ariz.) sponsored the joint resolution, which would have added a single sentence to the Constitution establishing one chief justice and eight associate justices as the court's permanent composition.
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The Spin
Democratic narrative
This amendment would permanently strip Congress of a constitutional power it has exercised throughout American history. This amendment is pure political theater from a party that has no real agenda. Real reform means term limits and enforceable ethics standards. It should not be surrendering congressional authority at exactly the moment the executive branch is grabbing power at every turn.
Republican narrative
The House Democrats' vote against this amendment reveals their plan to pack SCOTUS the moment power flips back in their direction. Prominent Democratic pols have already floated expanding it, and nearly every Democrat in the House just refused to take that option off the table. Republicans forced this vote to make the intentions clear, and Democrats obliged by showing their hand.
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