I think she doesn't. There's nothing in the constitution to deny congress from passing legislation that changes the size of the SC. It won't happen though with Trump in office as the legislation would be pending Presidential approval, which Gilldebrand knows.
@BillOhio threatening to try and restructure the court because you can't get your way on a particular issue is BS, not that they can actually do it. They can impeach judges, and reorganize the federal court system, but they cannot actually restructure the supreme Court.
@Mithrandir41 I've honestly only skimmed two articles on this but both of them say that Congress has the power to change the number of Justices in the SC via legislation that would then go to the President for veto or approval.
That is what FDR wanted to do when the court kept striking down his initiatives. He wanted to expand SCOTUS to 11 members, and had a sizeable chunk of congress leaning in that direction.
Of course most things are decided at the federal appellate level in the US, not the SC.
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