No. The person I was responding to posited that that the Senate would confirm a new justice on Jan 2nd, and then the Court would meet the same night to “okay a martial law decree.”
Utter nonsense.
The GOP seating ANY Supreme Court Justice this year would permanently & irrevocably destroy politics
I agree that the specific timing of the scenario proposed is far fetched, but that isn’t what you were arguing against when you pointed to article 3.
Note that even outside of the logistics involved in getting it all done in the same day, I don’t actually think that the current batch of justices are really so biased as to actually go along with the scenario described, but, short of a coup, there is really nothing we could do to stop them if they were so inclined.
I believe expanding the Supreme Court beyond 9 justices would require legislation and therefore approval of the House as well.