The constitutional amendment is as simple as can be: “The Supreme Court of the United States shall be composed of nine justices.” Pass it with a two-thirds vote of the House and Senate, then get it ratified by 38 states, and our worries about court-packing will be over.
This could be accomplished in a week (assuming all state leg are in session). But it won’t
That raises an interesting question, and frankly I have no idea what the answer would be.
Let’s presume Biden were to win and expand the court to 16 justices.
Then sometime a year or two later the 38th. state votes to ratify.
Does the Court immediately go back down to nine? Or are the additional justices grandfathered in? And if it does go back to nine who decides which seven justices get the heave-ho?
Interesting and I have no idea on any of it.
A two-thirds vote of the House? I don’t think so.
Democrats will vote against it, so it won’t pass.