09/03/2026
When One Lever Fails, Pull Another
This week, House Republican leadership brought Arizona Congressman Andy Biggs’s constitutional amendment to the floor. It would have permanently fixed the Supreme Court at nine justices.
It failed.
But look at what they were trying to do.
The Constitution doesn’t require nine Supreme Court justices. Congress has changed the size of the Court repeatedly throughout our history, reaching ten justices in 1863 before settling on nine in 1869. Biggs’s amendment would have taken that authority away from future Congresses and put the number nine into the Constitution.
And Republicans tried to do that while benefiting from the 6–3 conservative majority they helped create through one of the most shameless political reversals of our lifetime.
When Barack Obama nominated Merrick Garland in 2016, Election Day was nearly eight months away. Mitch McConnell refused to give him a confirmation vote because voters supposedly deserved a voice in who filled the vacancy.
Four years later, Amy Coney Barrett was confirmed eight days before Election Day.
There is no principled way to reconcile those two decisions. Republicans used whichever rule gave them the seat.
And now look at what else is happening. Republicans are pushing the SAVE Act and new proof-of-citizenship requirements for voting. The Trump administration is trying to change how mail ballots are handled through the Postal Service and appealing when courts keep stopping it. Trump has repeatedly tried to expand presidential control over elections that the Constitution largely entrusts to the states.
This is why I don’t find individual failures particularly reassuring anymore. Especially when some of these efforts are useful even when they fail. A losing vote can still become an election ad, a fundraising pitch or another manufactured grievance.
The pattern isn’t that Republicans always get what they want. They don’t. The pattern is that when one route closes, they quickly look for another.
The same instinct keeps appearing: find the lever that works.
Biggs’s amendment was another lever. This one didn’t work.
The question is what they pull next.