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"we" includes the Republican-controlled House of Representatives. I'd love to see it, but...
Maybe I am incorrect, but you only need the Senate to confirm a new justice.
Do you need the house to change the number of justices, I was under the impression you could do it with just the Senate and president
https://constitution.congress.gov/browse/essay/artIII-S1-8-3/ALDE_00013559/
That was how we went up to nine justices. I assume "Congress" to mean both houses, otherwise they presumably would've said which house. But admittedly I haven't dug into the logistics of that particular action
The House of Representatives is only needed if there is a law on the books that says there can only be 9 Justices on the Supreme Court.
If there is no law, then yeah. Only need the Senate to change the amount of justices.
I would love it if there was a law about it as it would make it slightly harder for bad faith actors to expand the Court on the grounds of "The other side got to do it, so we get to do it too!" Aka Republicans.
Nothing is stopping them from doing it if they take back power, they already have the court they want. We shouldn't be so afraid to use the options afforded to us because we are afraid the otherside will follow in kind. We are on the verge of fascism and we should be doing everything we can to stop it.