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Old 04-01-2019, 04:06 PM
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There is a law setting the size of the Supreme Court at nine. It's only a law, not part of the Constitution, and so it could be changed by a mere act of Congress (as opposed to an amendment), but it would still need that act of Congress. Which would require nuclear retaliation in the form of eliminating the Republican filibuster. But that's pretty much a given, since the Democratic filibuster is already dead: Democrats would be insane, upon taking back the Senate, to leave the rules at "only Republicans are allowed to filibuster".