# New plot for Supreme Court - is it possible **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [November 8, 2026, 9:35pm UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717 "2026-11-08T21:35:49Z")\ **Posts on this page:** 4\ **Page:** 2
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [November 9, 2026, 1:30am UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717/21 "2026-11-09T01:30:48Z")
> [@What\_Exit](#): > > Quote what in that link you think supports your post. A blind link that has nothing to do with your post with your track record will get you a warning. > The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred. ---
**Author:** ![Tired\_and\_Cranky](https://avatars.discourse-cdn.com/v4/letter/t/a87d85/32.png) [@Tired\_and\_Cranky](https://boards.straightdope.com/u/Tired_and_Cranky)\ **Post date:** [November 9, 2026, 3:52am UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717/22 "2026-11-09T03:52:55Z")
Appointment must be with the advice and consent of the Senate. To me, that means it must be the Senate that is in place when the appointment is made, which can’t be made until there is a vacancy to appoint to. I don’t think the President can bank a confirmation in advance of a new Senate. But of course, the 6-3 Supreme Court finds in the Constitution whatever suits it. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [November 9, 2026, 6:57pm UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717/23 "2026-11-09T18:57:21Z")
I just dumped an almost-completed post about the legal procedural obstacles because it was unclear to me where that issue fell between the narrowest reading of the OP’s question (“Is this idea legal under settled proven law?”) versus the OP’s request and moderator reinforcement to not get bogged down in what I at least perceive to be questions of the _political_ viability of the idea. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [November 9, 2026, 7:11pm UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717/24 "2026-11-09T19:11:48Z")
“No change has occurred” is not equivalent to “No change _can_ occur”. [Previous page](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717.md?page=1)