Courts · September 5, 2026

House Passes Anti-Socialism Resolution and Supreme Court Size Amendment; Most Democrats Vote No

The House of Representatives passed two significant measures on September 2, 2026, with Republican members voting unanimously in favor of both — while the overwhelming majority of House Democrats opposed each one. Speaker Mike Johnson’s office, via speaker.gov, highlighted the votes as a defining moment heading into the November midterm elections.

Condemning Socialism and Communism

The first measure, H. Res 1490, introduced by Rep. Jeff Crank, placed the House on record condemning socialism, communism, and the Democratic Socialists of America, along with what Republicans characterized as an anti-American political platform. The resolution passed with unified Republican support. 192 House Democrats voted against it.

Speaker Johnson drew a sharp contrast from the vote totals, stating that the Democratic opposition had effectively put their sympathies on display before voters. “House Democrats just confirmed that socialism and the communist playbook are on the ballot this November,” Johnson said.

The resolution cited the historic toll of socialist and communist governance — Speaker Johnson’s statement referenced an estimated 100 million deaths attributed to those ideologies worldwide — framing the vote as a straightforward affirmation of American founding principles.

Locking the Supreme Court at Nine Justices

The second measure, H.J. Res 1, sponsored by Rep. Andy Biggs, would amend the U.S. Constitution to permanently require that the Supreme Court consist of nine justices. House Republicans backed the proposed amendment unanimously. 205 House Democrats voted against it.

Court-packing — expanding the number of justices beyond nine — has circulated as a policy goal among progressive Democrats for several years, giving the constitutional amendment added urgency for Republicans who view the nine-justice structure as foundational to judicial independence. H.J. Res 1 would remove any future Congress’s ability to restructure the Court through simple legislation.

Speaker Johnson framed both votes as matters of basic constitutional fidelity. “For members of Congress who swore an oath to support and defend the Constitution, condemning socialism and defending the integrity of the Supreme Court shouldn’t be a controversial vote,” he said.

The Midterm Context

Both votes were cast just weeks before the November elections, giving Republican candidates concrete opposition votes to point to on the campaign trail. The near-unanimous Democratic opposition to the anti-socialism resolution and the constitutional court-size amendment hands the GOP a straightforward contrast message: Republicans voted to protect constitutional structure and reject collectivist ideology; most Democrats did not.

As a proposed constitutional amendment, H.J. Res 1 would require two-thirds approval in both chambers and ratification by three-fourths of state legislatures to take effect — a high threshold. Its passage through the House nonetheless establishes a clear Republican position and forces a recorded vote from every member ahead of the midterms.

Source: Office of the Speaker of the House, speaker.gov. Statement issued September 2, 2026.