The House of Representatives voted on a proposed constitutional amendment on Wednesday that would have permanently set the size of the U.S. Supreme Court at nine justices, forcing lawmakers in both parties to publicly take a position on one of the judiciary's most contentious political debates. The measure, called the "Keep Nine Amendment," would put the court's current size in the U.S.
Constitution rather than leaving the issue to ordinary federal law. Republicans wanted to put Democrats on the record amid proposals to expand the Supreme Court. All Republicans voted for the amendment, but they failed to get the two-thirds majority needed to pass it.
Only one Democrat voted in favor of the amendment: Representative Don Davis of North Carolina. Republicans argued the proposal was necessary to prevent future efforts to expand, or "pack," the Supreme Court by adding additional seats. Supporters said fixing the number at nine would protect the court from political pressure and preserve an institutional structure that has existed for more than 150 years.
Democrats, however, argued that Republicans and President Donald Trump created a "profoundly partisan and lopsided" court, according to Representative Jamie Raskin. The House needed a two-thirds majority to pass the constitutional amendment. The vote garnered 212 votes in favor, well below the 290 needed to pass.
The Constitution establishes the Supreme Court but does not specify how many justices must serve. Instead, Congress sets the court's size through legislation. Throughout American history, the number of justices has changed several times, ranging from as few as five to as many as 10.
The current structure of one chief justice and eight associate justices dates to the Judiciary Act of 1869. Since then, nine-member Supreme Courts have become the norm, and supporters of the amendment argue that the arrangement has provided stability for generations. Advocates also contend that changing the number of seats could encourage future political retaliation whenever control of government changes hands.
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