If they retake Congress and the White House, and they find the Court too conservative, they'll likely try to pack it. E.g., expand the Court to 11 justices and add two more liberals, so that 5-4 conservative becomes 6-5 liberal.
The number of justices is not specified in the Constitution. It was set at nine by the Judiciary Act of 1869, and has remained at nine since, although in 1937 Roosevelt tried to expand it to 15. There needs to be an amendment to fix the number of justices at nine. Or maybe to establish an inflexible formula, e.g., something involving the logarithm of the population.
“There needs to be an amendment to fix the number of justices at nine. Or maybe to establish an inflexible formula, e.g., something involving the logarithm of the population. “
To do that, you would simply be creating a Ninth Circuit mess with the SCOTUS. Might want to use algorithm in place of logarithm.
Because court packing worked out so well for FDR when he tried it (and the Democrats controlled EVERYTHING), didn’t it?