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Democrats sink Republican bid to cement US Supreme Court's conservative majority

The vote became a messaging fight ahead of the midterms, with Republicans warning of court packing and Democrats defending Congress’s power over the bench.

  • The House is poised to vote Wednesday on a proposed constitutional amendment to codify the Supreme Court at nine justices, moving the court's size from ordinary federal law into the Constitution.
  • Rep. Andy Biggs, R-Ariz., introduced the resolution, arguing it protects the court from those "threatening to pack this iconic American institution" to ensure favorable political outcomes.
  • Passing the measure requires a two-thirds majority in both chambers of Congress, followed by ratification from 38 of 50 states within seven years to become constitutional law.
  • Democrats denounced the measure as a "political palooza" ahead of Wednesday's expected vote, with House Democratic Caucus Chair Pete Aguilar characterizing it as a "fake issue" timed to midterm elections.
  • Beyond the amendment vote, some Democrats continue advocating for a 13-justice court, while reformers like Gabe Roth, executive director of Fix the Court, argue term limits address structural flaws.
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  • 52% of the sources lean Left
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The Constitution Study broke the news on Tuesday, September 1, 2026.
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