Fact-check analysisVerified as of September 3, 2026Curated by FactVerify
True

House rejects Republican constitutional amendment permanently capping Supreme Court at nine justices.

The House rejected a Republican-backed constitutional amendment that would have permanently fixed the Supreme Court at nine justices. The proposal received 212 votes in favor and 206 against, short of the two-thirds majority required for a constitutional amendment.

House rejects GOP constitutional amendment to limit Supreme Court to 9 justices - CBS News

House rejects GOP constitutional amendment to limit Supreme Court to 9 justices - CBS News

Source: cbsnews.com

At a glance

Key Evidence

Verified September 3, 2026
  • The proposal was a Republican-backed constitutional amendment intended to permanently set the Supreme Court's membership at nine justices.

  • The House rejected it by a 212-206 vote, reportedly along party lines or nearly so.

  • Because constitutional amendments require a two-thirds House majority, the measure did not advance.

The reporting

What the Evidence Shows

The House voted down the proposed amendment on Wednesday, Sept. 2, 2026. The measure would have changed the Constitution to establish nine as the permanent number of Supreme Court justices, rather than merely setting that number through ordinary legislation.

It failed by a 212-206 vote.cbsnews.comcbsnews.comHouse rejects GOP constitutional amendment to limit Supreme Court to 9 justicesnbcnews.comnbcnews.comHouse Democrats block constitutional amendment to lock Supreme Court at 9...+1 more

Primary trail

Verified Sources10

House rejects GOP constitutional amendment to limit Supreme Court to 9 justices

cbsnews.com5 hours ago
Open source

House Democrats block constitutional amendment to lock Supreme Court at 9...

nbcnews.com3 hours ago
Open source

Democrats block proposed constitutional amendment to keep Supreme Court justices...

thehill.com4 hours ago
Open source
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