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The Judiciary Act of 1869 sets the size of the Supreme Court at 9. Congress would have to pass a law to make that happen.
In order:
The Republican controlled House won't vote for it.
Republicans in the Senate would filibuster it.
Democrats in the Senate will never get rid of the filibuster because they love their procedural excuse for breaking campaign promises.
Yes but according to Alito, Congress has no power over the supreme court so that act is moot and anyone can just make up a number.
Lol. Nice.
I didn't think about that. If Congress can't set the number of justices, then the law currently setting it at 9 is illegal.
I think you're actually right, people can just make up a number and go with it. If the President and Senate agree to 500 justices, and Alito is correct, then there are 500 justices. If both later decide they only want 3 justices, then 497 of them are fired. There is no legal limit, which means it literally can be any number as long as the president nominates and the Senate confirms.
Brilliant find!