Probably. None of this of course means the President has to appoint a RAT to the Court. I don't know the ramifications of him appointing a Conservative to the bench, having a RAT Senate deny the appointment, the Presidnet appoints another hardcore Conservative, maybe more so than the first appointment. Anyone know how long that can go on under the Constitution? How long can a former Liberal seat be vacant? Is there anything stopping a short vote on anything before the Court? Two Libs retire, no one but Conservatives available, so sorry. I'll look into this myself, but if anyone has the short answer to a long question. Blackbird.
Congress determines how many justices sit on the Supreme Court. Congress can increase or decrease the number of justices any time it chooses.
Good point.