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Democrats sink Republican bid to cement US Supreme Court's conservative majority
The measure failed 212-206 as Republicans sought to make the court’s conservative majority a campaign issue before the midterm elections.
On Wednesday, the House defeated a constitutional amendment to permanently cap the Supreme Court at nine justices, with lawmakers rejecting the measure 212-206, far short of the two-thirds majority required.
Republican Speaker Mike Johnson scheduled the vote as a campaign 'messaging bill' to shore up support ahead of November elections, as party leaders sought to counter concerns that Trump's low approval ratings could jeopardize their majority.
Democratic Representative Jamie Raskin of Maryland condemned the effort as a "partisan power grab by MAGA," citing the $40 trillion debt, while Republicans argued the amendment was necessary to prevent Democrats from altering the court's size.
The Supreme Court has maintained nine justices since 1869, though the Constitution does not establish the bench's size; historically, Congress adjusted it, including Democratic President Franklin Roosevelt's 1937 failed effort to "pack" the court.
Democrats have instead proposed expanding the Supreme Court to 13 justices; even if the House had approved the Republican cap, the amendment faced long odds in the Senate and would have required ratification by 38 of 50 states.