But we do need Congress and a Democratic executive to have a plan, like an actual material tactical plan, for how to deal with the scenario of a Republican SCOTUS majority declaring a bill expanding the court to be unconstitutional.
To give you a sense of how nervous the conservative establishment is about losing power, the WSJ opinion section has a hilariously baffling column claiming that changing the size of the Supreme Court, a thing Congress has done a half-dozen times, is actually SECRETLY unconstitutional.
ballsandstrikes.org
“Is Court Packing Constitutional?” and Other Questions Easily Answered By Reading the Constitution
The Constitution empowers Congress to set the number of justices on the Supreme Court. Only one columnist dares to ask: What if it didn’t?