House to Vote on Supreme Court Justice Cap, Court Addresses Interim Docket Cases

Why it matters locally: Speaker Mike Johnson, a Louisiana Republican, is leading the House effort to vote on a constitutional amendment to cap the number of Supreme Court justices at nine, placing a prominent Louisiana political figure at the center of this national debate.

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WASHINGTON – The House of Representatives will vote on a constitutional amendment to cap the number of Supreme Court justices at nine, according to Speaker Mike Johnson, a Louisiana Republican. Johnson announced the impending vote on Tuesday, stating the House intended to force Democrats to take a public stance on the issue. He cited the nine-justice structure as a long-standing model for the country, in remarks to reporters. Constitutional amendments require two-thirds approval in both the House and Senate before states can ratify them. In other developments, the Supreme Court is currently addressing several matters on its interim docket. Two Republican organizations have requested the court block a 4th Circuit U.S. Court of Appeals decision. This decision prevents political parties and joint fundraising committees from accessing preferential broadcast advertising rates. The court has directed four Democrats, who challenged the groups' access to these rates, to submit responses by Thursday noon EDT. Separately, a Michigan group has petitioned the court to mandate state election officials place a proposal on the November ballot. This proposal would require proof of citizenship for voting in Michigan. State officials have until noon EDT today to respond to this request. The court will issue its third and final summer order list on Friday at 9:30 a.m. EDT. ### Supreme Court Historical Records and 9/11 Case The court's approach to its historical records has drawn attention. Following Justice Antonin Scalia's death in 2016, justices engaged in private discussions to establish a more uniform policy for managing their working papers. Chief Justice John G. Roberts Jr. led these discussions. Sources familiar with the process indicated a consensus was reached, though recollections of its specific terms varied. Justice Ruth Bader Ginsburg's papers, transferred to the Library of Congress after her 2020 death, are subject to a condition. No case file may be opened until all justices involved in the matter have died, potentially sealing documents for decades. Later this fall, the Supreme Court will consider an appeal regarding plea agreements for two men accused in the September 11, 2001, attacks. Khalid Shaikh Mohammad and Mustafa al-Hawsawi are seeking to reinstate agreements that would remove the death penalty in exchange for guilty pleas. Former Secretary of Defense Lloyd Austin attempted to withdraw these agreements, a move initially deemed unlawful by two military courts but later overturned by the D.C. Circuit. Several victim groups from the September 11 attacks filed an amicus brief supporting Mohammad and al-Hawsawi's appeal. They argued the plea agreements, despite imperfections, offered a path to accountability and closure. The groups contended the D.C. Circuit's ruling deprived them of that closure. ### White House Ballroom Construction and Standing On Monday, the Supreme Court granted the Trump administration's request to allow continued construction on a new White House ballroom. The 5-4 interim docket decision stated that the historic preservationist nonprofit challenging the project likely lacked legal standing to contest it. Legal experts suggest this decision could affect other legal challenges against Trump administration projects involving historic landmarks, particularly those brought by similar preservationist groups. The ruling potentially narrows the criteria for standing in such cases, possibly limiting future litigants to those with direct ties to a landmark or property in its vicinity.