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- Feb 3, 2016
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The Constitution gives absolute power to Congress in establishing the SC and the rules governing it. There are no "precedents" for the number of seats on the court and in fact the SC would need to recuse itself for conflict of interest in any decision regarding them. That said it is doubtful that a 13 seat court will be passed unless the current judges make unacceptable draconian decisions that now seem unlikely. It's good to flex your muscles once in a while you should try it sometime.
When the point of the action is to undermine the Supreme Court by packing it, it invalidates the entire concept the Supreme Court itself. At the time when FDR was trying the same shit (always Dems wanting to do this it seems) the members of the Supreme Court did comment on it.
If there is an issue with there being too much of a case load for the Supreme Court to handle, that would be a legitimate reason. That is not the case with the Dems right now.