House Rejects GOP Bid to Cap Supreme Court Size

Sources Agree
  • September 3, 2026 at 1:32 AM ET
  • Est. Read: 1 Min
House Rejects GOP Bid to Cap Supreme Court SizeAI-generated illustration — does not depict real events

Key Takeaways

The U.S. House rejected a Republican-proposed constitutional amendment to cap the Supreme Court's size at nine justices, falling short of the required two-thirds majority. The vote was largely along party lines, with only one Democrat supporting it. Republicans framed the issue as protecting judicial independence ahead of midterm elections.

Source Claims Check

High Consensus
All 3 publishers report consistent facts across 3 key claims.
ClaimStatusReason
Voting OutcomeBroad Agreement212-206 vote to reject amendment
Constitutional Requirement For PassageBroad Agreementtwo-thirds majority required for passage
Number Of Justices Proposed By Democrats In April 2021Broad AgreementDemocrats proposed expanding to 13 justices
Voting Outcome
Broad Agreement
212-206 vote to reject amendment
Constitutional Requirement For Passage
Broad Agreement
two-thirds majority required for passage
Number Of Justices Proposed By Democrats In April 2021
Broad Agreement
Democrats proposed expanding to 13 justices
This analysis is AI-generated and may not perfectly represent each source's reporting. Always read the original articles for full context.

The U.S. House of Representatives rejected a Republican-proposed constitutional amendment to permanently limit the Supreme Court's size to nine justices, falling short of the two-thirds majority required for passage.

The vote on Wednesday was largely along party lines, with 212 Republicans in favor and 206 Democrats opposed. Representative Don Davis of North Carolina was the only Democrat to support the amendment, while independent Representative Kevin Kiley of California voted against it. The measure needed a two-thirds majority to advance.

The amendment's failure comes amid growing calls from some Democrats to expand the Supreme Court to counter its conservative supermajority. In April 2021, four Democratic lawmakers introduced legislation proposing an expansion to 13 justices, citing what they described as "norm-breaking actions by Republicans." The issue has resurfaced during the midterm election season.

The U.S. Constitution does not specify the number of Supreme Court justices, leaving that decision to Congress. The court's size has fluctuated over time and was set at nine in 1869. The most famous attempt to change its composition came from President Franklin D Roosevelt in 1937, who proposed adding up to six justices but faced widespread criticism.

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