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3d ago

House Republicans Move Amendment to Lock Supreme Court at Nine Justices

The floor vote is intended to force Democrats to state their position and to shape midterm messaging despite steep constitutional and state‑ratification hurdles.

James Clyburn on Meet the Press.
The House will vote on an amendment to lock in the Supreme Court at nine seats, but if they pass it, they are admitting that Congress has the power to set the Supreme Court at whatever size it wants.
US President Donald Trump in the Oval Office of the White House in Washington, DC, US, on Monday, Aug. 31, 2026.
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Overview

  • Speaker Mike Johnson said Tuesday that House Republicans will bring a constitutional amendment to the floor under suspension of the rules to permanently fix the Supreme Court at nine justices.
  • Under the suspension procedure the amendment would need two‑thirds support in both chambers of Congress and then ratification by 38 states, a high procedural barrier that makes enactment unlikely.
  • Democrats have filed competing measures as policy alternatives and political signals, including Rep. Jim Clyburn’s call for a 13‑justice court and Rep. Ro Khanna’s bill to impose staggered 18‑year terms plus proposals for ethics and shadow‑docket limits.
  • Public trust in the Court is weak, with Pew finding just over half of Americans view the Court unfavorably and Gallup reporting confidence near 33 percent, a dynamic both parties are using to mobilize voters.
  • The Supreme Court has had nine justices since 1869, so any change would shift how presidents and Senate majorities shape the bench and could prompt reciprocal moves by future Congresses and state legislatures, making it a lasting campaign issue as well as a constitutional question.