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By Rodrigo Santos Andrade
Full House vote on limiting Supreme Court size as Democrats reject move to prevent ‘court packing’
visibility comment0 event September 2, 2026 timer 18:18
Democrats in the House of Representatives batted down a longshot constitutional amendment to freeze the number of justices on the Supreme Court at nine.
As the midterm elections approach, the GOP-led push created a new campaign trail talking point for Republicans against their opponents on the left, who’ve increasingly capitalized on the high court’s record of decisions favorable to President Donald Trump to call for more seats on the bench, also known as "court packing."
Congress holds the power to determine the Supreme Court’s makeup. It has exercised that authority seven times in history, though lawmakers haven’t actually used it since 1869.
The Sept. 2 measure failed on a 212-206 vote, with only one Democrat, Rep. Don Davis of North Carolina, siding with Republicans. It would’ve needed two-thirds support in the chamber to pass, kicking off a circuitous process to become law. A constitutional amendment hasn’t succeeded since 1992.
Read more: https://www.usatoday.com/story/news/politics/2026/09/02/house-supreme-court-expansion-nine-justices-democrats-republicans/91581006007/
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