House Votes Down Resolution to Cap Number of Supreme Court Justices

House Votes Down Resolution to Cap Number of Supreme Court Justices

“The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices."

Joseph Quesada
Joseph Quesada
September 3, 2026

The U.S. House of Representatives voted down a proposed constitutional amendment seeking to cap the number of seats on the U.S. Supreme Court.

The Republican-led joint resolution failed to advance after the final vote came out to 212-206, with only one Democrat crossing party lines.

Although a simple majority is needed to pass most legislation in the House, constitutional amendments require two-thirds support from both the House and the Senate.

The Resolution's Aim

The bicameral measure stipulated: “The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.”

The resolution would’ve resulted in an unprecedented change to the Supreme Court’s structure, as the U.S. Constitution does not specify or limit the size of the high court. Such a decision effectively leaves the matter in the hands of lawmakers.

The court’s size has changed over the course of history, ranging from 6 to 10 seats, before remaining at 9 since 1869.

Mike Johnson Condemns Democrats' Vote Against Anti-Socialist/SAVE Act Measure

The vote comes a day after the House adopted a resolution denouncing socialism “in all its forms” and endorsed the SAVE America Act. Only 8 Democratic representatives voted alongside Republicans in favor of the measure.

House Speaker Mike Johnson (R-La.) reacted strongly following the results of both resolutions, going after House Democrats.

“For members of Congress who swore an oath to support and defend the Constitution, condemning socialism and defending the integrity of the Supreme Court shouldn’t be a controversial vote. Sadly, for today’s Democrats, they are,” Johnson wrote on X.

Supreme Court's Impact On The Second Trump Administration

The resolution’s introduction comes at a time when the U.S. Supreme Court’s conservative supermajority (6-3) has repeatedly helped President Donald Trump achieve several administration priorities.

Despite issuing some strong blows against the president’s agenda, such as tariffs and birthright citizenship, the high court has helped expand presidential authority and issued the Executive Office unprecedented power.

Joseph Quesada

Joseph Quesada

Joseph Quesada is an award-winning video editor and Miami-based reporter covering national and international politics. He is a junior Political Science major at Florida International University with a minor in Visual Production. With nearly a decade of experience in digital video production, he enjoys creating video content and weightlifting in his free time.

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