Only one House Democrat broke ranks Wednesday to support protecting the Supreme Court from political manipulation, as 205 of his colleagues voted to kill a constitutional amendment that would have permanently fixed the court at nine justices.
The final tally was 212-206, far short of the two-thirds majority needed to advance HJR 1, the “Keep Nine Amendment.” Rep. Don Davis of North Carolina was the sole Democrat to cross party lines and vote yes. Meanwhile, Rep. Kevin Kiley of California, an independent who caucuses with Republicans, joined Democrats in opposition.
The vote exposes just how committed the Democratic Party remains to reshaping the nation’s highest court should they gain power in the 2026 midterms.
Rep. Andy Biggs (R-AZ) introduced the amendment specifically to counter growing calls from Democratic leaders to pack the Supreme Court with liberal justices. The measure would have enshrined in the Constitution a simple requirement: that the Supreme Court “be composed of nine justices.”
House Minority Leader Hakeem Jeffries has made no secret of his party’s intentions. Last month, the New York congressman said that Rep. Jamie Raskin (D-MD) and other court-packing advocates on the House Judiciary Committee “are going to take the lead on what dramatic reform of the Supreme Court looks like” if Democrats take the speaker’s gavel in January.
Rep. James Clyburn (D-SC) echoed those sentiments just days ago, telling NBC News on Sunday that he supports adding four new justices to the bench. Several potential 2028 presidential hopefuls, including Kamala Harris and Pete Buttigieg, have backed similar proposals.
The House Judiciary Committee had cleared HJR 1 in a party-line vote back in June, setting up this week’s floor showdown.
The Supreme Court has operated with nine justices since 1869. Critics of court-packing argue that allowing any sitting majority to change the court’s size whenever it dislikes rulings would destroy judicial independence and invite endless retaliation.
“If a sitting majority can change the size of the Supreme Court the moment it dislikes its rulings, what happens the next time the other side is in power?” Biggs asked on social media Wednesday.
