One Democrat Votes to Keep Supreme Court at 9 Justices
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0 Share Newsweek is a Trust Project member See more of our trusted coverage when you search. Prefer Newsweek on Google to see more of our trusted coverage when you search. The House of Representatives voted on a proposed constitutional amendment on Wednesday that would have permanently set the size of the U.S. Supreme Court at nine justices, forcing lawmakers in both parties to publicly take a position on one of the judiciary's most contentious political debates.
The measure, called the "Keep Nine Amendment," would put the court's current size in the U.S. Constitution rather than leaving the issue to ordinary federal law. Republicans wanted to put Democrats on the record amid proposals to expand the Supreme Court. All Republicans voted for the amendment, but they failed to get the two-thirds majority needed to pass it. Only one Democrat voted in favor of the amendment: Representative Don Davis of North Carolina.
Republicans argued the proposal was necessary to prevent future efforts to expand, or "pack," the Supreme Court by adding additional seats. Supporters said fixing the number at nine would protect the court from political pressure and preserve an institutional structure that has existed for more than 150 years.
Democrats, however, argued that Republicans and President Donald Trump created a "profoundly partisan and lopsided" court, according to Representative Jamie Raskin.
The House needed a two-thirds majority to pass the constitutional amendment. The vote garnered 212 votes in favor, well below the 290 needed to pass.
The Constitution establishes the Supreme Court but does not specify how many justices must serve. Instead, Congress sets the court's size through legislation. Throughout American history, the number of justices has changed several times, ranging from as few as five to as many as 10.
The current structure of one chief justice and eight associate justices dates to the Judiciary Act of 1869. Since then, nine-member Supreme Courts have become the norm, and supporters of the amendment argue that the arrangement has provided stability for generations. Advocates also contend that changing the number of seats could encourage future political retaliation whenever control of government changes hands.
Under current law, however, Congress retains the authority to alter the court's size through legislation. That reality is one reason supporters of the amendment believe constitutional protection is necessary.
Calls to expand the Supreme Court have grown in recent years, particularly after a series of high-profile rulings and the emergence of a 6-3 conservative majority. Advocates of expansion argue that adding justices could help address concerns about partisanship and restore public confidence in the institution.
Court expansion is only one of several reform ideas discussed by Democrats and legal scholars. Other proposals include establishing a formal ethics code, imposing term limits on justices, and modifying recusal standards. Supporters say reforms are necessary because the court exercises enormous influence over national policy and constitutional interpretation.
Critics counter that expanding the court could trigger a cycle in which whichever party gains power simply adds more seats to secure favorable rulings. They argue such a move would undermine judicial independence and further politicize the nation's highest court.
“This proposed constitutional amendment would undermine our system of checks and balances,” Representative Mary Gay Scanlon, a Pennsylvania Democrat, said.
Related Story Clarence Thomas May Get to Overturn Case He Opposed 22 Years Ago How Can Congress Pass a Constitutional Amendment? Even after House approval, a constitutional amendment faces a difficult path. Under Article V of the Constitution, an amendment must receive a two-thirds vote in both the House and Senate before it can be sent to the states for ratification.
If Congress approves the proposal, three-fourths of the states, currently 38 states, must ratify it before it becomes part of the Constitution. Because of those demanding requirements, relatively few amendments have been adopted throughout U.S. history.
With the amendment's future facing an uphill battle, the vote is more symbolic than practical. Republicans want to put Democrats on the record about keeping the Supreme Court at nine justices as the midterm elections approach.
Contact Newsweek editors on this story: Sam Wilson .
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