US House rejects bid to limit Supreme Court to nine justices

The US House of Representatives rejected a Republican-backed attempt to permanently fix the Supreme Court’s membership at nine justices, opening another front in the political fight over the court’s conservative majority.

The joint resolution would have amended the Constitution, but failed on a 212-206 vote. Constitutional amendments require a two-thirds majority in the House, a higher threshold than ordinary legislation. North Carolina Democrat Don Davis was the only Democrat to support the proposal.

The vote followed the House’s approval of a resolution condemning socialism by 220-192, with eight Democrats joining Republicans. Speaker Mike Johnson criticized Democrats who opposed both measures, arguing that support for the Constitution and defence of the Supreme Court should not be controversial.

Republicans’ efforts have largely been viewed as political messaging ahead of the November midterm elections. They seek to put Democrats on record over socialism and the possibility of expanding the Supreme Court. Some Democrats have advocated expansion in response to the court’s conservative majority, an idea opponents call “court packing.”

The debate intensified after Donald Trump appointed three justices during his first term, followed by several legal victories for Trump from the conservative-leaning court. In 2021, four Democratic lawmakers proposed expanding the court to 13 justices, arguing that it would restore balance after Republican efforts to reshape the judiciary. Senator Jim Clyburn has more recently supported a 13-member court, while former Vice President Kamala Harris said Democrats should seriously discuss expansion. The Constitution establishes the Supreme Court but does not specify its size, leaving Congress to set the number through legislation. The Judiciary Act of 1789 initially created a six-member court.