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.
You seriously think there are 67 votes in the Senate and 291 votes in the House to send this to the States?
-PJ