An upside-down flag, adopted by Trump supporters contesting the Biden victory, flew over the justice’s front lawn as the Supreme Court was considering an election case.
After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag.
One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors.
The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Mr. Biden’s inauguration was three days away. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews.
…
“I had no involvement whatsoever in the flying of the flag,” Justice Alito said in an emailed statement to The Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Justice Alito’s impartiality in cases related to the election and the Capitol riot.
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
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.
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