US Congress rejects constitutional amendment to restrict Supreme Court size | Courts News
A proposed amendment to the United States Constitution seeking to limit the number of justices on the Supreme Court has failed in the House of Representatives. The joint resolution, primarily supported by Republicans, aimed to permanently cap the Supreme Court at nine justices.
On Wednesday, lawmakers voted 212 to 206 in favor of the amendment, but the measure did not achieve the two-thirds majority required for constitutional changes. The vote largely split along party lines, with Representative Don Davis of North Carolina being the only Democrat to support the amendment. Independent Representative Kevin Kiley of California, who aligns with Republicans, voted against it.
This vote followed the House’s passage of a separate resolution condemning socialism by a margin of 220 to 192, with eight Democrats joining Republican members. U.S. House Speaker Mike Johnson criticized Democrats who opposed both measures in a post on social media, 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.”
Both legislative efforts serve as strategic moves by Republicans to highlight their Democratic counterparts’ positions on key issues ahead of the upcoming midterm elections. This election season is particularly significant as it will determine control of Congress.
The debate over the Supreme Court’s composition has intensified, particularly among some Democrats who have suggested expanding the court to counterbalance its conservative majority. This proposal, often referred to as “court packing,” gained traction following former President Donald Trump’s appointment of three justices during his administration.
In April 2021, four Democratic lawmakers introduced a bill aimed at increasing the number of justices to 13, arguing that it would restore balance following what they termed “norm-breaking actions” by Republicans over the previous four years. The U.S. Constitution does not specify the number of justices, which has allowed Congress to set this figure. The Judiciary Act of 1789 established the court with six justices, and this number has fluctuated over the years until it was set at nine in 1869.
Attempts to change the court’s size have historical precedent, most notably under former President Franklin D. Roosevelt, who proposed expanding the court in 1937. Recent discussions around court reform have included suggestions for term limits and ethical guidelines.
As the election approaches, some Democratic leaders, such as Senator Jim Clyburn of South Carolina, have voiced support for expanding the court. Clyburn stated, “I think that we are in a position now that calls for some significant actions taken by Congress, and we ought to expand.” He mentioned that a total of 13 justices would be beneficial for the court.
Former Vice President Kamala Harris has also called for a thorough examination of the possibility of adding justices. Conversely, Republican leaders, including Senator Chuck Grassley of Iowa, firmly oppose any expansion efforts.
“We must safeguard the independence of the federal judiciary to protect our constitutional freedoms and way of life for generations to come,” Grassley said in a statement regarding proposed changes to the court.
