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House rejects Republican constitutional amendment to cap Supreme Court at nine justices

A joint resolution introduced by Representative Andy Biggs failed to achieve the necessary two-thirds majority after a largely party-line 212-206 vote.

Updated Sep 2, 2026 · 21:19 UTC3 reports

The short version

  • The House rejected a proposed constitutional amendment by Representative Andy Biggs to permanently limit the Supreme Court to nine justices.
  • The 212-206 vote fell short of the two-thirds majority required for constitutional amendments under suspension of the rules.
  • Congressional authority to determine the size of the Supreme Court remains governed by ordinary statute rather than a constitutional cap.
  • Debate over Supreme Court structure and potential future expansion is expected to continue as a campaign issue heading into upcoming elections.

Key facts

  • The House voted 212 to 206 on a joint resolution proposing a constitutional amendment to fix the Supreme Court at one chief justice and eight associate justices, falling short of the required two-thirds threshold.[Fox News · NBC News · CBS News]
  • Speaker Mike Johnson brought the measure to the floor under a suspension of the rules, which expedited floor consideration while establishing a two-thirds passage requirement.[Fox News]
  • Voting fell mostly along party lines, with Representative Don Davis as the sole Democrat voting in favor, and California independent Representative Kevin Kiley voting against.[NBC News]
  • Under Article I and federal law, Congress has adjusted the size of the Supreme Court seven times since 1789, with the bench set at nine seats since 1869.[NBC News · CBS News]
  • Several prominent Democrats, including Representative Jim Clyburn and former Vice President Kamala Harris, have recently expressed openness or support for expanding the Supreme Court to 13 justices.[Fox News · NBC News · CBS News]

What remains uncertain

  • It remains uncertain whether Democratic leadership or a future congressional majority would formally advance legislation to expand the Supreme Court, as the proposal is not universally endorsed within the party.[NBC News]

How coverage diverges

Republicans framed the proposed amendment as an essential safeguard against partisan court-packing by future Democratic majorities, while Democrats described it as an attempt to permanently lock in a conservative judicial majority while abdicating constitutional congressional power.

Left / center-left perspective

Democrats and progressive advocates argued that the amendment was an election-year messaging tactic aimed at freezing a conservative majority into place permanently, while surrendering Congress's long-held constitutional authority to structure the federal judiciary.[NBC News]

Right / center-right perspective

Republicans argued that setting the court's size at nine is necessary to protect the judiciary's institutional independence and prevent future left-wing majorities from expanding the bench to overturn conservative legal precedents.[Fox News]

Sources