Democrats in the U.S. House of Representatives defeated a Republican-proposed constitutional amendment on September 2, 2024, that aimed to permanently cap the Supreme Court at nine justices. The measure, which failed 212-206, fell far short of the required two-thirds majority needed for passage. House Republicans orchestrated the vote to highlight the potential for Democrats to expand the Court and weaken its conservative majority if they regain control of Congress in the November 3 elections.

The amendment faced long odds even if it had passed the House, as it would have required approval from the U.S. Senate and ratification by 38 of the 50 U.S. states. Republican Speaker Mike Johnson scheduled the vote with few legislative days remaining before the elections, underscoring Republican concerns that President Trump’s low approval ratings could cost the party its House or Senate majority. House Republicans supporting the amendment argued it was necessary to prevent Democratic proposals to alter the Court’s size following Trump’s appointment of three conservative justices, which established a 6-3 majority. In contrast, Democratic Representative Jamie Raskin characterized the Republican effort as a “partisan power grab” by “MAGA” Republicans fearful of election outcomes.

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