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Americans split on Supreme Court expansion as House amendment fails

Fox News interviews reveal a nation divided over Supreme Court expansion, while a Republican-backed amendment to lock the court at nine justices fell short in the House.

El Chusmero Newsroom
Newsroom
• Updated Oct 17, 2026
What you need to know

A Republican amendment to permanently fix the Supreme Court at nine justices failed in the House, and public opinion remains sharply divided on court‑packing. The split matters because it shows a gap between voter sentiment and the legislative push to reshape the nation’s highest court.

United States Supreme Court (file photo)

Despite a flurry of calls on Capitol Hill to "pack" the Supreme Court, a Republican‑backed constitutional amendment to permanently set the bench at nine justices did not pass the House in September, falling short of the two‑thirds majority required Amending the Constitution would also require a two-thirds vote in the Senate and ratification by three-fourths of the states, Fox News noted.

What we know

Fox News Digital interviewed a range of Washington, D.C., residents about whether the Supreme Court should be expanded beyond its current nine justices. Opinions ranged from staunch opposition to enthusiastic support for adding seats.

"If it's not broken, don't fix it," Tim from Washington, D.C., told Fox News Digital.

Other interviewees argued that more justices could bring a broader set of viewpoints. Derek, also from Washington, said adding justices would require "more of a consensus on whatever they're voting on." Carl from Texas pushed for immediate action, stating,

"If we're gonna change the size, we need to do it now."

Legislatively, Democrats have introduced multiple proposals to reshape the court. Rep. Al Green (D‑Texas) has put forward a bill to expand the bench to 13 justices, while Rep. Ro Khanna (D‑California) has suggested 18‑year term limits for newly appointed justices. Additional Democratic measures would impose enforceable ethics standards and increase transparency around the court’s emergency rulings, often called the "shadow docket."

Republicans, on the other hand, have focused on preserving the current size. Their amendment to lock the court at nine justices failed in the House, missing the two‑thirds threshold needed for passage. The defeat underscores the difficulty of achieving bipartisan consensus on court reform.

Key proposals and positions

  • Republican amendment to fix the court at nine justices – failed in the House, lacking the required two‑thirds majority.
  • Democratic bill by Rep. Al Green – would expand the bench to 13 justices.
  • Democratic bill by Rep. Ro Khanna – would set 18‑year term limits for justices.
  • Additional Democratic measures – ethics standards and greater transparency for the "shadow docket."

Sources

File photo: Photo by Mr. Kjetil Ree. / Wikimedia Commons, CC BY-SA 3.0

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