House Democrats Sink Amendment Capping Supreme Court

House Democrats voted almost unanimously Wednesday to kill a Republican constitutional amendment that would have locked the Supreme Court permanently at nine justices.

The vote was 212-206 — far short of the two-thirds majority, roughly 290 votes, that a constitutional amendment requires.

Every Republican voted yes. Every Democrat but one voted no. Rep. Don Davis, D-N.C., was the lone Democrat in favor.

The single-sentence joint resolution was introduced by Rep. Andy Biggs, R-Ariz.

Why It Matters

Congress sets the size of the Supreme Court by ordinary statute — a simple majority can change it. The amendment would have moved that power into the Constitution, meaning only another amendment could alter the number of seats.

The court has had nine seats since 1869. Congress has changed its size seven times since 1789.

Republicans brought the measure to the floor to force Democrats on the record ahead of the midterms, casting the opposition as proof Democrats intend to pack the court now that it holds a conservative majority.