House Democrats block GOP resolution capping number of Supreme Court justices at nine

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House Democrats again blocked a Republican resolution in the lower chamber aiming to create a constitutional amendment to cap the number of Supreme Court justices at nine.

The joint resolution led by Rep. Dusty Johnson, R-S.D., was voted down by 218 Democrats in the House as more of the blue party members sound off against the court over the overturn of Roe v. Wade.

Johnson and Rep. Kelly Armstrong, R-N.D., both spoke on the House floor in support of the "Keep the Nine" resolution on Wednesday.

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Rep. Dusty Johnson's, R-S.D., resolution to create a new constitutional amendment capping the number of Supreme Court justices at nine was blocked by House Democrats on Wednesday.  (Getty Images)

"When Washington changes the rules only to acquire power or only to maintain power, it undermines public trust in the institutions that bind Americans together," Johnson said. "We don’t need a further undermining of these institutions."

"Frankly, where does it end?" the congressman continued. "Once this body establishes that the size of the Court can grow, only so we can secure the preferred judicial decisions of the House Majority, where does it end?"

Johnson said his resolution "puts into the Constitution what has already been the case since 1869 – nine Justices on the Supreme Court."

"If we can just put into the Constitution to ‘Keep the Nine’ we will be able to somewhat insulate the Court from the most corrosive political maneuvering that this body is capable of," he added.

Progressives in both chambers have become increasingly more vocal in their support of packing the Supreme Court amid the fallout of Roe’s overturn.

One of those lawmakers is vulnerable Pennsylvania Democrat Rep. Susan Wild, who compared the Supreme Court’s decision on prayer in public schools to the Taliban in an interview last week.

Wild claimed the Court’s ruling that a Christian high school football coach could pray after games "is what happens in theocracies."

Rep. Susan Wild, D-Penn., (L) compared the Supreme Court's recent decision ruling that a Christian high school football coach could pray after games to the Taliban. (CQ-Roll Call)

"We could talk about the recent prayer decision out of the Supreme Court and all that stuff and we can talk about the fact that, really, this is all just about making Christianity the law of the land," Wild claimed. "And quite honestly, that’s what it appears to be."

"It’s scary. This is what happens in theocracies," the member of Congress and attorney of over three decades claimed. "This is what happens in countries that we can’t imagine living in or being a part of – where the religion – you know, think about the Taliban."

"Think about women in Afghanistan who, not so long ago, were able to wear normal clothing and go to school," she added. "And all in the name of religion and it’s just such a bad, bad precedent to be setting."

Democratic Georgia Rep. Hank Johnson is leading a Democrat bill with 57 of his blue House colleagues to increase the number of Supreme Court justices.

The bill has garnered support from "Squad" members and Democratic leadership, including Reps. Alexandria Ocasio-Cortez and Jerrold Nadler of New York, as well as Rep. Maxine Waters of California.

Several of the members supporting the Georgia Democrat’s bill to pack the court, including Ocasio-Cortez and fellow "Squad" Democrat Reps. Ilhan Omar of Minnesota and Rashida Tlaib of Michigan, also voted against giving Supreme Court justices and their families more police protection.

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To become a constitutional amendment, the South Dakota Republican’s resolution would have needed to clear a two-thirds majority in both the House and Senate.

Then, the resolution would be sent to the states — not the president’s desk — for ratification, requiring three-fourths, or 38 states, to agree to the amendment for it to become law.