President Joe Biden is seriously considering publicly endorsing major reforms at the Supreme Court, a move that would make him the first sitting president in generations to back seismic changes to the way the nation’s highest court operates, according to two sources familiar with the deliberations.
There IS a law stipulating the number of justices. The number is not set by the constitution, which I think is where you got the idea. Changing the law that sets the number would require an act of Congress, which means a 2/3rds majority in the Senate because of the filibuster rule. 50% could overturn the filibuster rule and then stack the court, but 2 right leaning Democrats from Republican states refuse to overturn the filibuster rule, so it’s just not possible unless more progressives are in the Senate.
Getting a more progressive Senate is hard because it’s not proportional representation. North Dakota with a population under 1 million gets the same number of Senators as California with 40 million. Rural voters are wildly over-represented in the Senate.
There IS a law stipulating the number of justices. The number is not set by the constitution, which I think is where you got the idea. Changing the law that sets the number would require an act of Congress, which means a 2/3rds majority in the Senate because of the filibuster rule. 50% could overturn the filibuster rule and then stack the court, but 2 right leaning Democrats from Republican states refuse to overturn the filibuster rule, so it’s just not possible unless more progressives are in the Senate.
Getting a more progressive Senate is hard because it’s not proportional representation. North Dakota with a population under 1 million gets the same number of Senators as California with 40 million. Rural voters are wildly over-represented in the Senate.