Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Supreme Court of the United States shall hereafter consist of the Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum; and for the purposes of this act there shall be appointed an additional associate justice of said court.
Question, how would this happen even if democrats tried? Would Congress have to vote on an amendment?
Actually they don’t need to repeal it but just redact/ change paragraph 1 that says 9 justices
https://en.wikipedia.org/wiki/Judiciary_Act_of_1869