September 3, 2026 | 09:12 am
TEMPO.CO, Jakarta - The US House of Representatives has rejected a Republican-backed effort to permanently set the number of Supreme Court justices at nine, amid a broader political debate over the court’s conservative majority.
According to Al Jazeera, the proposal failed to secure the two-thirds majority required for a constitutional amendment, with lawmakers voting 212 in favor and 206 against. The vote largely followed party lines, with North Carolina Democrat Don Davis the only Democrat to support the measure.
What Happened in the House Vote?
Republicans introduced a joint resolution that would have amended the US Constitution to permanently limit the Supreme Court to nine justices.
The proposal fell well short of the two-thirds support required for constitutional amendments. By contrast, ordinary legislation generally requires only a simple majority in the House.
The vote came a day after the House approved a resolution condemning socialism by 220-192, with eight Democrats joining Republicans.
House Speaker Mike Johnson criticized Democrats who opposed both measures, arguing that supporting the Constitution and defending the Supreme Court should not be controversial.
Republicans' efforts have been viewed largely as political messaging ahead of the November midterm elections, seeking to put Democrats on record over issues including socialism and possible expansion of the Supreme Court.
Why Is the Supreme Court’s Size Being Debated?
The debate stems partly from calls by some Democrats to expand the Supreme Court in response to its conservative majority.
The idea, often called “court packing” by opponents, gained renewed attention after former President Donald Trump appointed three justices during his first term. The conservative-leaning court subsequently delivered several legal victories to Trump.
In 2021, four Democratic lawmakers introduced legislation that would have expanded the Supreme Court to 13 justices. They argued that the move would restore balance to the court after what they described as Republican efforts to reshape the judiciary.
More recently, Democratic Senator Jim Clyburn of South Carolina backed the idea of a 13-member court, while former Vice President Kamala Harris said Democrats should have a serious discussion about expanding the court.
Republicans have strongly opposed such proposals, arguing that changes could undermine the independence of the federal judiciary.
Does the US Constitution Set the Number of Justices?
No. Although the Constitution establishes the Supreme Court, it does not specify how many justices must sit on the court.
Congress has therefore determined the court’s size through legislation over the country's history.
The Judiciary Act of 1789 initially established a six-member Supreme Court, consisting of a chief justice and five associate justices. The number changed several times during the 19th century before Congress set the current number of nine justices in 1869.
That history means the number of Supreme Court seats is not constitutionally fixed and can be changed by Congress without amending the Constitution.
Has the Supreme Court Been Expanded Before?
Yes. The size of the Supreme Court has changed several times since its creation.
The most famous modern attempt to expand the court came from President Franklin D. Roosevelt after he won reelection in 1936.
Roosevelt proposed adding justices based on the age of sitting members, potentially allowing up to six additional justices. The plan became known as the “court-packing” proposal and faced strong opposition.
More recently, groups including the Brennan Center for Justice have advocated structural reforms such as term limits and ethics rules, while some Democratic lawmakers have continued to support expanding the court.
The issue has now returned to the political spotlight as the United States approaches another closely watched midterm election.
Read: US Supreme Court Allows Trump Ballroom Project to Proceed
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