Topline
On Wednesday, the House voted down a Republican-backed bill that sought to amend the U.S. Constitution to permanently set the Supreme Court at nine justices. This failure highlights the ongoing partisan debate over court reform, with Democrats pushing for changes amid concerns that the current 6-3 conservative majority is too biased.
The U.S. Supreme Court is seen at dusk on August 12 in Washington, DC.
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Key Facts
The vote concluded 212-206 along strict party lines, falling short of the two-thirds majority required for constitutional amendments. Every Democrat opposed the bill except for Rep. Don Davis of North Carolina.
The bill proposed a constitutional amendment stating, “The Supreme Court of the United States shall be composed of nine justices.”
Had it passed, the amendment would have barred future presidents or Congress from increasing the number of justices, a key proposal in discussions about addressing partisan imbalances on the court.
Republicans criticized Democrats during the debate, with Rep. Jim Jordan of Ohio calling court expansion an attack on judicial independence. Democrats countered that reforms are necessary due to what Rep. Jamie Raskin of Maryland termed a “deeply partisan and lopsided” court under Republican leadership.
The amendment needed a two-thirds majority in the House, followed by similar approval in the Senate and ratification by the states.
House Speaker Mike Johnson of Louisiana stated the vote aimed to force Democrats to publicly oppose court expansion, urging them to “put their money where their mouth is.”
What To Watch For
Supreme Court reform is expected to be a priority if Democrats regain House control in the next term. House Minority Leader Hakeem Jeffries of New York has called “dramatic” reform “necessary,” with Rep. Jamie Raskin set to lead efforts as head of the House Judiciary Committee. Jeffries emphasized that multiple reform options remain on the table, and none should be excluded.
How Popular Is Adding Justices To The Supreme Court?
Expanding the court is among the less popular reform ideas. A May Marquette University Law School poll showed a 50-50 split on support. Term limits are far more favored, with 79% approval. Additionally, a 2023 Pew Research Center survey found 74% support for a maximum age limit for justices, compared to only 46% for court expansion.
Chief Critics
Democratic lawmakers denounced the amendment as a Republican effort to “lock in” the conservative majority. They accused Trump and Republicans of corrupting the court, citing the denial of a hearing for Merrick Garland’s nomination under Obama, which Raskin described as “court packing on steroids.” Democrats questioned the need to legally fix the number at nine, arguing it would undermine Congress’s independence. Rep. Mary Gay Scanlon of Pennsylvania called it a “grave mistake” that would “permanently tie Congress’ hands.”
Surprising Fact
Gabe Roth of Fix the Court warned that barring court expansion could hinder term limit proposals, despite their popularity. Roth told Forbes that voting for the amendment would be “a vote against Supreme Court term limits.” While Congress could pass term limits for future justices, experts like Justice Sonia Sotomayor believe such laws wouldn’t apply to current justices. Under proposed plans, new justices with 18-year terms would join the existing nine, potentially expanding the court temporarily. A 2021 poll showed pluralities across parties favor temporary expansion to implement term limits over lifetime appointments.
Key Background
Supreme Court reform has gained traction due to controversial rulings on issues like abortion, gun control, immigration, LGBTQ rights, and executive power. A July Pew poll indicated trust in the court is at historic lows, with 53% viewing it unfavorably and 43% seeing it as conservative. Democrats advocate for reforms, but progress is limited. Former President Biden endorsed term limits in 2024 after a study, but no bills have passed Congress, as Republicans view reforms as unnecessary retaliation for unfavorable decisions.