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Conservatives Daily

Independent Reporting · Est. 2020
BackPolitics

Democrats Block Amendment Capping Supreme Court at Nine Justices

House Democrats defeat constitutional amendment to prevent court packing, with only one member breaking ranks in 212-206 vote ahead of midterms.

Democrats Block Amendment Capping Supreme Court at Nine Justices

House Democrats blocked a constitutional amendment that would permanently cap the Supreme Court at nine justices, defeating a Republican effort to prevent future court packing by a 212-206 vote Wednesday.

The measure needed two-thirds support to advance through Congress and begin the lengthy constitutional amendment process. Only one Democrat, Rep. Don Davis of North Carolina, broke ranks to vote with Republicans, revealing the party's intentions should they regain control of Congress.

Trump Warning Ignored

President Trump has repeatedly warned about Democratic plans to expand the Supreme Court, calling court packing one of his greatest fears for the judiciary's independence. The vote forced lawmakers to take recorded positions on the issue just two months before midterm elections that could shift control of Congress.

Republicans framed the amendment as a safeguard against partisan manipulation of the Supreme Court. Democrats have openly discussed adding seats to the Court following Trump's successful appointment of three conservative justices during his first term, creating a 6-3 conservative majority.

Democratic Court Reform Push

Progressive Democrats led by Rep. Alexandria Ocasio-Cortez have championed court expansion as necessary to counterbalance what they characterize as an illegitimate conservative supermajority. Several Democratic senators running for reelection in competitive races declined to say whether they would support adding justices if their party controlled both chambers.

The proposed amendment would have required a subsequent constitutional amendment to change the number of justices, making court expansion nearly impossible without overwhelming bipartisan consensus. Democrats argued the measure was unnecessary political theater designed to distract from substantive issues.

Midterm Election Impact

House Republicans forced the Wednesday vote to create campaign material against vulnerable Democrats facing tough reelection battles in swing districts. Those Democrats now must defend their opposition to the measure while Republicans highlight the vote as evidence of plans to politicize the judiciary.

The Supreme Court has maintained nine justices since 1869, though Congress possesses constitutional authority to change that number. Franklin Roosevelt's failed court-packing attempt in 1937 established the modern precedent against expanding the Court for partisan advantage.

With control of both the House and Senate uncertain heading into November's midterms, the vote gives Republicans concrete evidence to support Trump's warnings about Democratic intentions for the Supreme Court. Democrats maintain they seek to restore balance to a Court they view as captured by conservative activists.