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Supreme Court size debate intensifies after House amendment fails

10/12/2026

A Republican-backed constitutional amendment to permanently limit the U.S. Supreme Court to nine justices failed in the House in September, falling short of the two-thirds majority required for passage.

The defeat has intensified a debate over whether Congress should alter the court's composition, with Democrats introducing several bills to expand the bench or impose term limits.

Article III, Section 1 of the Constitution establishes the Supreme Court but does not specify the number of justices, leaving Congress with the authority to determine its size.

The current nine-justice structure was established in 1869, though the court's size has changed several times throughout its history, reaching as many as 10 justices in the 19th century.

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