Assuming this statement is true:

[Stinky The Clown]

The United States Constitution provides Congress with the power to determine how many justices sit on the Supreme Court. The number has ranged from five to 10, but since 1869, the number has remained nine. The Constitution does not say how many justices will make up the Supreme Court.

The source of that statement actually doesn't matter for the purposes of this OP. Let's assume it to be true (I believe it is).

Now lets assume we get two or three more Senate seats and hold the House. Lets further assume we can kill or control the filibuster.

Now to the point. Are there enough votes in the Congress to increase the number of Supreme Court seats?

[rsdsharp]

1. The statement is true.

Article III

Section 1.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

[Wounded Bear]

2. Article 3, Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Basically doesn't define the size or makeup of the court, which implies those are up to the Congress.

So, yeah, it's true and your scenario is legal, if implausible. There are Dems that are against increasing the SC, including Pres Biden, though his stance may have softened over the past couple of years.

[brooklynite]

3. Answer: no.

You also don't have support from President Biden.

[Joinfortmill]

4. He may change his mind. This is a fight to the finish.

[brooklynite]

5. No indication that he, Speaker Pelosi or Leader Schumer are changing their minds.

[thucythucy]

6. If they were they wouldn't telegraph it.

I wonder if, given we're now talking about outright treason on the part of TFG, and the threats of riots and assassinations, and how the GOP is rallying around it all, they might all be thinking it's time to take the gloves off if they're going to leave an actual working democracy to their kids and grandkids.

Of course the blowback from the right wing outrage machine will be fierce. But that's been on 11 out of 10 ever since President Obama was elected.

I can imagine all three of them saying, essentially, "Fuck it! We need to fix this now or we're doomed as a nation."

[brooklynite]

7. Yes they would...

They'd need to be building support among reluctant House and Senate members, and word would leak out.

[Hermit-The-Prog]

8. Not without the support of the people. See Pelosi's remarks to that effect at various times.

They would not leak anything about it unless and until it is a possibility. If midterms are favorable, then it will be time to address this issue and test the will of the electorate.

[arthritisR_US]

12. Right now with women so pissed off, I would

think that now is a good time for change as I think the electorate would be on board to increase its numbers.

[stopdiggin]

9. it's legally possible. I don't see it as at all probable. -(nt)-

[LetMyPeopleVote]

10. The number of SCOTUS justices was set at 9 when we had nine federal circuit courts of appea;

We now have 13 federal circuit court of appeals and so we need 4 more justices

[Volaris]

11. I agree, that's a good number and a good reason.