this post was submitted on 30 Jun 2023
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I'm fairly sure they would need the house to expand the court and add more justices.
I think you're probably right as it looks to be something involving the Judiciary Act of 1869 but I've also heard that only the senate is needed to do this even today.
Obviously not a lawyer and ultimately it could have been done by Dems prior to the midterms so they would still be responsible for not packing the court earlier.