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Washington, D.C. — The House on Wednesday rejected a Republican-backed constitutional amendment that would have permanently limited the Supreme Court to nine justices, falling well short of the two-thirds majority required.

Lawmakers voted 212-206 for the proposal from Rep. Andy Biggs, R-Ariz. While the measure received more votes in favor than against, constitutional amendments require approval from two-thirds of both chambers before being sent to the states for ratification.

Biggs argued that fixing the court at nine seats would prevent future congressional majorities from expanding it for political advantage. The Supreme Court has had nine seats since 1869, although Congress has changed the court’s size several times since the nation’s founding.

Republican leaders framed the vote as a response to renewed calls from some Democrats and Democratic Socialists to restructure the court. Rep. James Clyburn, D-S.C., recently voiced support for expanding the Supreme Court to 13 justices.

Democratic leaders opposed the amendment, arguing that Congress should not permanently surrender its constitutional authority to determine the court’s size. Rep. Jamie Raskin, D-Md., said Republicans were attempting to lock in the current conservative-majority court ahead of a potentially difficult midterm election.

House Speaker Mike Johnson, R-La., defended the proposal, saying court expansion would risk turning the judiciary into a political tool.

To become part of the Constitution, the amendment would also have needed two-thirds support in the Senate and ratification by three-fourths of the states.

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