House Rejects SCOTUS Cap

A GOP push to constitutionally fix the Supreme Court at nine justices failed in the House.

from 16 sourcesUpdated Sep 2, 9:06pm ET

The reporting

A neutral summary of the key facts most sources agree on, drawn from reporting across the political spectrum.

The House on Wednesday rejected Rep. Andy Biggs’ proposed constitutional amendment to fix the Supreme Court at nine justices, with the resolution failing 212-206 despite winning a narrow majority. Constitutional amendments require two-thirds approval in both chambers of Congress and ratification by three-fourths of the states, making the House vote far short of the threshold for advancement. All but one Democrat opposed the measure, which Republicans advanced amid Democratic calls from some lawmakers and activists to expand or restructure the court.

Analysis & opinion

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Republican Political StuntLeft & Center

Johnson’s push to cap the Supreme Court at nine justices was a partisan messaging exercise rather than a serious legislative effort. Republicans used the amendment to attack Democrats politically, especially with the midterms in mind.

Democratic Court PackingMostly Right

Democrats opposed the amendment because they want to keep open the option of expanding or otherwise reshaping the Supreme Court. Blocking a nine-justice cap leaves the Court vulnerable to future Democratic efforts to dilute the conservative majority.