Technically, by the letter of the constitution (as interpreted by the Judicial Branch) the Legislative Branch has power of the Judicial. They can set the number of Justices and they set the form of the lower courts, including, if they so wished, completely abolishing them. TBH, what I expect out of this is that they pack the lower courts. What most people don't realize is that 60-70% of Supreme Court cases go 9-0, the Justices are much closer than people pretend. Also, they have Original Jurisdiction over VERY LITTLE, so they only hear a small amount of cases per year. The biggest difference to society at large, particularly in the form of criminal law, would be to pack the District Courts and the Circuit Courts. Most people don't even know what that means, and wouldn't care, but when every Circuit is the 9th Circuit, there is no Split in the Circuits to persuade the Supreme Court to Grant Certiorari to hear cases.
I don't expect the Biden to pack the Court, but I do expect him to pack the courts.
This should need to be ratified by the state legislatures like a constitutional amendment.
The fed has legislated itself too much power. States need to invoke the failsafe the founders provided us: Article V, Convention of States
The Constitution doesn't mention nine Justices.
Never said it did.
But it should be voted by the states, otherwise you are giving the federal legislative branch power OVER the federal judicial branch.
Technically, by the letter of the constitution (as interpreted by the Judicial Branch) the Legislative Branch has power of the Judicial. They can set the number of Justices and they set the form of the lower courts, including, if they so wished, completely abolishing them. TBH, what I expect out of this is that they pack the lower courts. What most people don't realize is that 60-70% of Supreme Court cases go 9-0, the Justices are much closer than people pretend. Also, they have Original Jurisdiction over VERY LITTLE, so they only hear a small amount of cases per year. The biggest difference to society at large, particularly in the form of criminal law, would be to pack the District Courts and the Circuit Courts. Most people don't even know what that means, and wouldn't care, but when every Circuit is the 9th Circuit, there is no Split in the Circuits to persuade the Supreme Court to Grant Certiorari to hear cases.
I don't expect the Biden to pack the Court, but I do expect him to pack the courts.