House Democrats block bid to lock Supreme Court at nine seats

WASHINGTON (MNTV) — House Democrats have blocked a Republican-backed constitutional amendment that would permanently fix the U.S. Supreme Court at nine justices, in a vote underscoring a deepening partisan battle over the courts.

The measure failed Wednesday 212-206, far short of the two-thirds majority a constitutional amendment requires; nearly every Democrat opposed it, with only Representative Don Davis of North Carolina in support. 

The Constitution does not set the court’s size, leaving that to Congress. Introduced by Republican Representative Andy Biggs, the amendment was framed as a response to growing Democratic interest in expanding the court; Democrats argued that permanently fixing the number would surrender Congress’s authority and tie the hands of future lawmakers.

The dispute reflects a broader crisis of confidence in the conservative-majority court, whose rulings on abortion, voting rights, and presidential immunity have pushed the once-fringe idea of court expansion into the Democratic mainstream. 

Progressive advocates argue the court has aligned itself with conservative and corporate interests; Republicans counter that Democrats seek to reshape the judiciary whenever its rulings displease them, and have made the issue part of their 2026 midterm messaging.

Support for expansion is far from universal among Democrats — former Vice President Kamala Harris has backed revisiting the idea, and Representative Jim Clyburn has endorsed a 13-justice court — but with both parties treating the judiciary as a central battleground, the fight is less about the number nine than about who ultimately controls the court.