House Republicans forced Democrats into a politically charged vote Wednesday on a proposed constitutional amendment that would permanently limit the U.S. Supreme Court to nine justices, a direct response to renewed progressive calls to expand the court.
The measure, H.J. Res. 1, would have amended the Constitution to require the Supreme Court to consist of one chief justice and eight associate justices. Because constitutional amendments require a two-thirds vote in Congress before going to the states for ratification, the resolution needed broad bipartisan support.
It failed 212-206, with 211 Republicans and one Democrat voting in favor, while 205 Democrats and one independent opposed it.
House Speaker Mike Johnson said the vote was meant to draw a clear line against court-packing efforts, warning that expanding the bench would turn the judiciary into another political battleground. “We will keep the nine,” Johnson said ahead of the vote, arguing that the nine-justice model has served the country well and should not be altered to satisfy partisan frustrations with recent Supreme Court rulings.
Republicans framed the vote as a defense of constitutional stability and judicial independence. Democrats countered that the proposal was itself political, accusing Republicans of trying to lock in the court’s current conservative majority.
The fight comes after years of Democratic proposals to expand the court, impose term limits, or enact new ethics rules following major rulings that reshaped American law on abortion, religious liberty, executive power, and federal regulation.
For conservatives, the failed vote may still serve its purpose: forcing lawmakers to go on record before voters decide who will control Congress next.
