BREAKING: House Fails To Secure 2/3 Vote—Radical Majority of Democrats Vote Against Passing Constitutional Amendment to Lock Supreme Court at Nine Justices

Yesterday, Speaker Mike Johnson spoke confidently about the passage of a bill that Republicans were putting on the floor that would limit the number of U.S. Supreme Court Justices to nine. Johnson also mentioned that they had secured the votes of some Democrats who were not part of the far-left faction who would be voting with them today.

Johnson explained that in addition to defunding the police, abolishing the border and abolishing prisons, that Democrats would like to pack the U.S. Supreme Court. After referring to the New Democrat Party as “Democrat Socialists and Democrat Communists,” Johnson said, “They’re gonna get a chance to show us,” where stand tomorrow.

After explaining that an amendment to change the U.S. Constitution requires a 2/3 vote, he told the media, that Republican House members “priorities are the same as the American people’s priorities,” which was a subtle way of reminding everyone how out-of-touch Democrats are with their constituents.

Speaker Johnson just dropped the hammer.

A constitutional amendment to LOCK the Supreme Court at NINE justices hits the House floor TOMORROW.

“We will keep the nine.” pic.twitter.com/vzUFuXOq4G

— The Gateway Pundit (@gatewaypundit) September 1, 2026

Only moments ago, the Democrat Socialists and Democrat Communists did exactly what Mike Johnson dared them to do, they voted against locking down the number of U.S. Supreme Court Justices at nine.

Eric Daugherty posted a clip from Fox News announcing the disturbing news.

ALL BUT ONE HOUSE DEMOCRAT JUST VOTED TO PACK THE SUPREME COURT

Speaker Johnson just forced them to admit it: 212-206, the measure has FAILED which would’ve blocked the Supreme Court from being packed, keeping it at 9 Justices

They just told America they FULLY intend to weaponize SCOTUS if they re-take power!

This, with making DC and Puerto Rico states + nationwide mass mail-in voting + no voter ID + open borders is HOW THEY STEAL AMERICA

🚨 ALL BUT ONE HOUSE DEMOCRTAT JUST VOTED TO PACK THE SUPREME COURT

Speaker Johnson just forced them to admit it: 212-206, the measure has FAILED which would’ve blocked the Supreme Court from being packed, keeping it at 9 Justices

They just told America they FULLY intend to… pic.twitter.com/DtScbsF2fp

— Eric Daugherty (@EricLDaugh) September 2, 2026

A constitutional amendment is what it would take to lock the Court at nine justices. Packing it with more seats takes only a statute — and that statute is close to impossible while President Trump holds the veto.

Perhaps putting the names of Democrats in swing districts on the record who voted against limiting the number of seats on the Supreme Court wasn’t such a bad idea afterall. Unless they live in a solidly blue district, making Democrat U.S. Representatives show their constiuents who they really are is probably a very good strategy and can be used to harm them in the midterms.

The Constitution does not freeze the Supreme Court at nine justices. Article III leaves the number to Congress. Nine is a statute from 1869. If Democrats should win the House and Senate in the 2026 midterms, they could introduce a bill creating extra seats, pass it through the House by simple majority, and pass it through the Senate — but only with 60 votes if Republicans filibuster, or by first changing Senate rules with 51 votes to kill that filibuster. Confirming the new justices is a separate, simple-majority vote.

That still is not enough. The new Congress arrives in January 2027. President Trump would definitely veto the bill. Overriding a veto takes two-thirds of both chambers, which a narrow midterm majority will not have. So control of the House and Senate in 2026 would likely not lead to Democrats adding more seats the Supreme Court.