Biden is GOING to lose. The next president after Trump could be a Democrat. If they decide to pack the court then....and the right sues to stop it. And the supreme court decides packing the court is tantamount to taking over the supreme court. What happens then?
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5-4. Roberts is a solid liberal.
When they say packing the court, they mean passing legislation to increase it’s size. Currently there is no constitutional amendment that says how many seats the court has.
Dems need the house and the senate and the presidency to do so. They would then eliminate the filibuster in the Senate (60 vote rule to put legislation up for a vote) for legislation.
If they pass a law increasing the number of justices is passed, no one can take it to SCOTUS because there is no amendment saying they cannot do that.
They could always pull a lefty and legislate from the bench.
Furthermore, it is hard to argue packing the court to bend it to your favor is within the guidelines of a separate co-equal branch of government. It would be the same as forcing a justice to tell you how they plan to vote during a senate hearing. It infringes upon judicial branch.
The current legislation says 9 justices. If he were to pick more than the 9, then that would be illegal.
They have only spoken about passing legislation, not breaking the law.