Supreme Court Cap FAILS — House Rejects

House Democrats voted down a Republican constitutional amendment Wednesday that would have permanently capped the Supreme Court at nine justices, rejecting President Trump’s effort to prevent future court expansion. The measure failed to reach the required two-thirds majority despite most House members supporting it.

GOP Effort to Block Court Packing Falls Short

Speaker Mike Johnson fast-tracked the constitutional amendment led by Rep. Andy Biggs of Arizona, which would have locked the Supreme Court at its current nine justices. Johnson used a procedural tactic called suspending the rules to bypass committee hearings, but this raised the passage threshold from a simple majority to two-thirds. Democrats overwhelmingly opposed the measure, ensuring its defeat despite majority support.

Trump has repeatedly warned that Democrats would expand the Supreme Court if they regained congressional control. Progressive leaders including former Vice President Kamala Harris and Senator Elizabeth Warren of Massachusetts have publicly supported increasing the number of justices. The Constitution grants Congress authority to set the court’s size but does not specify a number, leaving the door open for future changes.

Battle Lines Drawn Over Judicial Independence

Biggs framed the amendment as protecting judicial independence from political manipulation. He asked whether Americans wanted sitting majorities changing court size whenever they disliked rulings, warning the Supreme Court would become just another political institution controlled by whoever held power. Rep. Mark Harris of North Carolina accused progressives of seeking to consolidate power and intimidate the court rather than uphold ethical principles or protect individual rights.

Rep. Jamie Raskin of Maryland, a leading voice for expanding the court to 13 justices, dismissed the current number as arbitrary. He noted Congress has changed the Supreme Court’s size multiple times throughout American history. Raskin called the Republican proposal a partisan power grab designed to cement what he described as a lopsided court engineered by former Senate GOP Leader Mitch McConnell. Progressives argue 13 justices would align with the 13 federal circuit courts.

Constitutional Clash Over Court’s Future

The vote highlighted deepening divisions over the Supreme Court’s role and composition. Democrats like Rep. Mary Gay Scanlon of Pennsylvania argued that freezing the number at nine would only extend the current conservative majority’s power. Republicans countered that Democrats simply want to pack the court with liberal justices to advance their agenda. The failed amendment underscores how control of the judiciary has become a central battleground in Washington, with both parties viewing the Supreme Court’s makeup as critical to their long-term policy goals.

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