Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices

On Sep 2, 2026, the House voted 212–206 on “On Motion to Suspend the Rules and Pass” (HJRES 1). Result: Failed. By party: Republicans 211–0, Democrats 1–205, Independents 0–1. It was a party-line vote: most Democrats and most Republicans voted on opposite sides. 1 member voted against their own party.

During the 119th Congress (2025–2026), Donald Trump was president, and Republicans held majorities in both the House and Senate.

Result: Failed
Yes: 212
No: 206
Did not vote: 34
Date: Sep 2, 2026

By party

Republicans211 yes · 0 no · 16 didn’t vote
Democrats1 yes · 205 no · 18 didn’t vote
Independents0 yes · 1 no

Who broke with their party

Don Davis D-NC voted yes

The bill

H.J.Res. 1: Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.

How each representative voted: Yes

How each representative voted: No

Did not vote

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “Proposing an amendment to the Constitution…: House Vote, Sep 2, 2026,” https://www.capitolreceipts.com/vote/119-H-653/proposing-an-amendment-to-the-constitution-of-the-united (accessed 2026-10-17).