Court Packing Amendment is Rebuffed in the House

The U.S. House of Representatives voted against a proposed constitutional amendment, brought to the floor by Arizona Congressman from the 5th District, Andy Biggs (R), to keep the Supreme Court at nine justices.

According to Biggs, fixing the number at a permanent nine seats would mean the court could not be expanded in the future by whoever wins the upcoming congressional elections and those beyond.  

"It’s a blessing and a miracle that our great nation celebrated 250 years of self-government,” Biggs wrote in a press release. “But allowing the Democrats to pack the Court is a surefire way to change the fundamental nature of our Republic and quickly devolve to the socialist dystopia they so badly desire.”

On the House Floor, Biggs cited what he deemed to be the most relevant historical scenario. 

Formally called the Judicial Procedures Reform Bill of 1937, it would have expanded the court from a fixed nine justices to as many as 15 members of the Court. President Franklin D. Roosevelt aimed to shift the ideological balance of the Court in favor of his proposed legislative changes. 

Biggs expressed concerns over future court packing efforts, similar to the attempt in 1937, and argued a constitutional amendment should be ratified to ensure such efforts are prevented in the future.

All Democrat representatives but one –Donald Davis (D)–voted against the bill. The office of the House Minority Whip Katherine Clark encouraged lawmakers to vote against the amendment. 

“This proposed constitutional amendment would permanently fix the number of Supreme Court justices at nine, stripping Congress of yet another constitutional authority that is meant to be controlled by the American people’s representatives,” Clark’s office wrote in a statement ahead of the vote.

Rep. Jamie Raskin (D, Maryland) argued the vote comes amidst growing concerns regarding the results of the upcoming November election.