He’s the freaking president. Can’t he just choose to add more justices and get a new case brought to overturn the previous one? SCOTUS clearly only cares about precedent in specific cases and chooses when to use it and when to ignore it seemingly randomly. His party controls the Senate, who controls confirmations.
But they’re not going to do that. Why? Because if they did that, they couldn’t use it as a carrot-on-a-stick for fundraising to con gullible and stupid people into voting for them. They’re never going to codify it. And even if they did, SCOTUS could just overturn it later and then we’ll be right back here. And there will never be a specific constitutional amendment for it either.
Dems have had 50+ years to do something about it and they’ve chosen not to every time and instead like to use it for fundraising and like to gaslight everyone about it.
Democrats only have a 51-49 edge in the Senate. There is no chance in the world Manchin would vote yes, and maybe 1% chance Sinema would. That doesn’t even account for the other Senators who are terrified of doing anything outside of the norm.
If he somehow got past the Senate or used a loophole to ignore their vote, the Supreme Court would weigh in and there’s no chance they would willingly diminish their power by accepting more judges, especially Democratic ones.