"Keep 9" Supreme Court Amendment Fails in House: How Oklahoma's Delegation Voted

A constitutional amendment that would have permanently fixed the Supreme Court at nine justices failed in the U.S. House on Sept. 2. House Joint Resolution 1, dubbed the“Keep 9 Amendment,”finished with 212 votes in favor and 206 against. Constitutional amendments require a two-thirds majority, so the proposal was well short of the threshold despite the close-looking tally.

The resolution, introduced by Rep. Andy Biggs (R-AZ) in January 2025, would have written the court’s structure into the Constitution: one chief justice and eight associate justices. Earlier versions of the idea were introduced in 2021 and 2023. Supporters argued a fixed court can’t be expanded by whichever party wins the next election. Opponents countered that adjusting the court’s size is a power Congress has exercised before and that locking it now carries its own political weight. The vote landed largely along party lines, with Rep. Donald G. Davis (D-NC) the lone Democrat in support.

All five of Oklahoma’s congressional representatives voted yes. The Supreme Court has remained at nine justices since 1869, though Congress changed the court’s size seven times in the nation’s earlier history. So what do you think: should the number of justices be set in stone by the Constitution, or does Congress deserve that flexibility? Let us know in the comments.