House Democrats overwhelmingly rejected a proposed constitutional amendment Wednesday that would have permanently fixed the size of the U.S. Supreme Court at nine justices, leaving the door open to future efforts to expand the Court.
The measure failed 212-206, falling short of the two-thirds majority required for a constitutional amendment to pass the House.
Only one Democrat — Rep. Don Davis of North Carolina — joined Republicans in supporting the measure.
The proposed amendment, H.J.Res. 28, was remarkably brief. Its operative language consisted of a single sentence:
“The Supreme Court of the United States shall be composed of nine justices.”
If ultimately added to the Constitution, the amendment would prevent a future president and congressional majority from expanding the Supreme Court by creating additional seats — the practice commonly known as “court-packing.”
House Republicans forced Democrats to put it in writing.
— Gunther Eagleman™ (@GuntherEagleman) September 2, 2026
Lock the Supreme Court at nine justices.
The amendment failed. Two-thirds was required.
Only one Democrat voted yes: Don Davis of North Carolina.
The rest showed you the plan. Pack the Court the second they get power.… pic.twitter.com/QF2vin1ZEZ
House Speaker Mike Johnson made clear before Wednesday's vote that Republicans wanted to put Democrats on the record.
Johnson told reporters Tuesday that the vote would force Democrats to “put their money where their mouth is” and reveal whether they were willing to permanently rule out expanding the Supreme Court.
The answer from all but one House Democrat was no.
The vote comes amid renewed Democratic discussion about making significant changes to the Supreme Court if the party regains control of Congress.
House Minority Leader Hakeem Jeffries said in August that “dramatic” Supreme Court reform is “necessary” and indicated that Rep. Jamie Raskin of Maryland would lead the effort as chairman of the House Judiciary Cmte. if Democrats retake the chamber.
More significantly, Jeffries declined to rule out specific proposals.
“There’s a variety of different options that are on the table,” Jeffries said. “And I think that we can’t foreclose any single one of them.”
Wednesday's vote gave Democrats an opportunity to foreclose one of those options: adding seats to the Supreme Court.
They overwhelmingly refused. Republicans hammered Democrats over that decision during debate, arguing that expanding the Court would threaten its independence by allowing a political party unhappy with its rulings to manufacture a new ideological majority.
House Judiciary Cmte. Chairman Jim Jordan (R-OH) called court expansion an attack on the Court's “independence.”
Democrats countered that permanently setting the Court at nine seats would itself interfere with Congress' constitutional authority and effectively preserve the current 6-3 conservative majority.
Raskin accused Republicans of having already engaged in “court packing on steroids,” pointing to the GOP-controlled Senate's refusal to hold a confirmation hearing for Merrick Garland, former President Barack Obama's 2016 Supreme Court nominee, followed by the confirmation of President Donald Trump's Supreme Court nominees.
Rep. Mary Gay Scanlon of Pennsylvania similarly argued that the proposed amendment would improperly restrict future Congresses.
“This proposed constitutional amendment would undermine our system of checks and balances,” Scanlon said, calling it a “grave mistake” to approve a measure that would “permanently tie Congress’ hands.”
But the Republican proposal didn't address the ideological composition of the existing Court. It simply would have established nine as the permanent number of justices regardless of which party controlled Washington.
The Democratic Party believes that the ends justify the means. The party does not believe that government should be a referee of right and wrong: It is an instrument to obtain and preserve power.
This is yet another vote that should have Americans paying attention. The midterm elections are not a referendum on Donald Trump. It's a referendum on what kind of America people want to live in.
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