Wednesday, September 2, 2026

Court Size

House GOP effort to stop court expansion through constitutional amendment fails (no surprise--no way they would have gotten 2/3). This was largely a political stunt.

But note the opposite story some will seize from this: Attempting (and failing at) an amendment to freeze SCOTUS size highlights to an otherwise-unaware public that the current Constitution is silent as to Court size and thus a new Democratic-controlled Congress can, consistent with the Constitution, alter that size as it wishes.

Don't expect this to happen. But it will be a discussion in the next few years.