US House rejects amendment to cap Supreme Court at nine justices

September 3, 2026 at 06:06 AM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

The US House of Representatives failed to advance a constitutional amendment to cap the Supreme Court at nine justices, with a 212-206 vote falling short of the required two-thirds majority. The vote was mostly along party lines, with one Democrat supporting and one independent opposing. The measure was part of Republican messaging efforts ahead of November's midterm elections.

Key Facts

The House voted 212-206 in favor of the amendment, short of the two-thirds majority required for constitutional amendments.
Representative Don Davis of North Carolina was the only Democrat to vote in support, while independent Kevin Kiley of California voted against.
The vote came a day after the House adopted a resolution condemning socialism by a 220-192 margin.
The US Constitution does not specify the size of the Supreme Court, leaving the matter to lawmakers.

The Failed Amendment

The House of Representatives failed to advance a joint resolution that would have permanently limited the Supreme Court to nine justices. The final vote was 212 in favor and 206 opposed, falling short of the two-thirds support required for constitutional amendments. Representative Don Davis of North Carolina was the only Democrat to vote in support, while independent Representative Kevin Kiley of California, who caucuses with Republicans, voted against it. The amendment was championed by Republicans as a measure to defend the integrity of the Supreme Court.

Political Messaging

House Speaker Mike Johnson criticized Democrats who voted against the amendment and a separate resolution condemning socialism. Johnson wrote on X that condemning socialism and defending the Supreme Court's integrity should not be controversial votes. The votes were seen as messaging exercises by Republicans ahead of November's midterm elections. The House had voted 220-192 the previous day to adopt a resolution condemning socialism, with eight Democrats joining Republicans.

Court Packing Debate

Some Democrats have called to add justices to the Supreme Court to counter its conservative supermajority. Support for the idea, known as 'court packing,' gained momentum after President Donald Trump appointed three justices in his first term. In April 2021, four Democrats introduced a bill that would have created a Supreme Court with 13 justices. The US Constitution establishes the Supreme Court but does not limit its size, leaving the matter to lawmakers.