A proposed US constitutional amendment to cap the number of seats on the Supreme Court failed to advance in the House, following a Republican-led push for the measure.
On Wednesday, the House was unable to move forward on the GOP-backed joint resolution, which would permanently fix the number of justices at the current nine.
The final vote was 212 in favor and 206 against, largely along party lines. While most House legislation requires only a simple majority to pass, constitutional amendments need the support of two-thirds of members.
Representative Don Davis of North Carolina was the only Democrat to vote in favor, while independent Representative Kevin Kiley of California, who caucuses with Republicans, voted against.
The vote came one day after the House passed a resolution condemning socialism by a margin of 220 to 192. Eight Democrats joined Republicans in supporting that measure.
House Speaker Mike Johnson on Wednesday criticized Democrats who voted against both bills, arguing that condemning socialism and protecting the integrity of the Supreme Court should not be controversial votes for those who have sworn to support and defend the Constitution.
Both efforts were seen as moves to put Democratic opponents on record regarding socialism and Supreme Court expansion. They come less than two months before the pivotal November midterm elections, which will determine which party controls the chambers of Congress.
Some Democrats have called for adding justices to the high court to counterbalance its conservative majority. The process, often referred to as “court packing,” is highly controversial. The idea gained renewed attention after President Donald Trump appointed three justices during his first term, and the conservative-led court handed him a series of legal victories.
In April 2021, four Democrats in Congress introduced a bill to establish a 13-member Supreme Court, arguing it would restore balance after four years of Republican norm-breaking actions.
The US Constitution established the Supreme Court but did not limit or specify the size of the court, leaving the matter entirely to lawmakers. In 1789, the Judiciary Act set six justices, and that number changed several times over the following century.
The most famous attempt to alter the court’s composition came under President Franklin D. Roosevelt. After his reelection in 1936, he proposed expanding the court by up to six additional justices. Debate over the issue has continued since, with advocacy groups proposing structural reforms such as term limits and ethical rules.
The debate has resurfaced during the midterm election season. Democratic Representative Jim Clyburn of South Carolina recently voiced support for expansion, saying 13 is a good number. Former Vice President Kamala Harris has suggested a “real conversation” about expanding the court to 13 justices. Meanwhile, Republican senators like Chuck Grassley remain firmly opposed, stressing the need to protect the independence of the federal judiciary.
