The Western Journal

House Democrats sink GOP amendment to prevent Supreme Court expansion

Democrats in the House blocked a Republican-led proposal to amend the Constitution to prevent expanding the Supreme Court’s number of justices. The measure, largely symbolic and unlikely to pass, failed with a vote of 212-206, with only one Democrat supporting it. Republicans used this outcome to criticize Democrats as radical ahead of the midterm elections. Democrats referenced the attempted amendment as part of broader debate over court expansion, with some members supporting increasing the justices to 13. The vote took place shortly before the 2023 midterms, emphasizing the political battle over the judiciary. The measure required a two-thirds majority to pass, a high threshold given the current party control of the House. House Speaker Mike Johnson highlighted the vote as an effort to defend the supreme Court’s integrity.


House Democrats on Wednesday blocked a Republican-led proposal to amend the Constitution to prevent expanding the number of Supreme Court justices.

The measure, viewed primarily as a symbolic gesture not expected to advance, failed to reach the two-thirds majority support needed to pass. Rep. Don Davis (D-NC) was the only Democrat to join all Republicans in supporting the resolution, which was defeated 212-206. The Republican Party instantly seized on the outcome as an avenue to frame Democrats as radical ahead of the midterm elections.

Democrats voted against Rep. Andy Biggs’s (R-AZ) amendment “so they can follow through on a radical socialist agenda,” said Mike Marinella, a spokesman for the National Republican Congressional Committee.

“Give House Democrats an ounce of power, and they’ll use every bit of it to fundamentally transform America into an unrecognizable socialist hellscape,” Marinella added.

The Supreme Court has had nine justices since 1869. Some Democrats, led by Sen. Ed Markey (D-MA), have backed legislation that would expand the number of justices on the court to 13. Former Vice President Kamala Harris, who is viewed as a possible 2028 presidential contender, is among prominent figures on the Left who have voiced some support for the idea.

House Speaker Mike Johnson (R-LA) scheduled the latest vote regarding the Supreme Court with few legislative days left before the Nov. 3 elections, offering the GOP a strategic messaging opportunity.

SUPREME COURT ALLOWS TRUMP TO CONTINUE WHITE HOUSE BALLROOM CONSTRUCTION

“Defending the integrity of the Supreme Court shouldn’t be a controversial vote,” Johnson said in a statement after Biggs’s resolution failed.

The resolution faced an essentially impossible pathway for the two-thirds majority needed for passage, as Republicans control 218 seats in the House, compared with 214 held by Democrats. Had the measure advanced, it would have had to be passed by the Senate and then ratified by 38 of the 50 U.S. states.



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