A proposed constitutional amendment to limit the number of Supreme Court justices to nine narrowly failed in the House of Representatives on Wednesday, falling short of the supermajority needed for passage.
The vote on the joint resolution, led by Republican lawmakers, ended 212-206, with most lawmakers voting along party lines.
Constitutional amendments require a two-thirds majority in the House, but the measure did not achieve the threshold.
Representative Don Davis of North Carolina was the sole Democrat to support the amendment, while independent Representative Kevin Kiley of California, who aligns with Republicans, voted against it.
The vote followed a separate House resolution condemning socialism, which passed 220-192 with bipartisan support for its advancement.
House Speaker Mike Johnson criticized Democrats on social media for opposing both measures, stating, “For members of Congress who swore an oath to support and defend the Constitution, condemning socialism and defending the integrity of the Supreme Court shouldn’t be a controversial vote.”
The efforts reflect Republican strategy to frame Democrats as resistant to upholding constitutional principles ahead of the November midterm elections.
Some Democrats have advocated for expanding the Supreme Court to 13 justices, a proposal termed “court packing” by critics. The idea gained traction after conservative justices appointed by Donald Trump issued influential rulings during his presidency.
The Constitution does not specify the Supreme Court’s size, which was set at nine in 1869. Historical attempts to alter the court include President Franklin D. Roosevelt’s 1937 proposal to add justices based on age, which ultimately failed.
Recent Democratic lawmakers, including Senator Jim Clyburn and former Vice President Kamala Harris, have suggested expanding the court to 13 justices to counter its conservative majority. Republican Senator Chuck Grassley opposed such measures, emphasizing the need to preserve judicial independence.
