https://www.manhattancontrarian.com/blog/2020-10-10-the-difference-that-a-packed-supreme-court-would-make
The impending confirmation of Judge Amy Coney Barrett to the Supreme Court promises to bring us a Court with a 6-3 “conservative” majority. As a result, Democrats could be facing decades in the Supreme Court wilderness. Even if Biden wins the election for President, the only member of the Court likely to retire in the next few years is Justice Breyer, who recently turned 82; but since Breyer is one of the Court’s “liberals,” Biden’s replacing of Breyer would not change the Court’s ideological balance. The next oldest Justice is Clarence Thomas, currently 72, which is youthful by today’s Supreme Court standards.
But there’s another possibility. Congress could potentially increase the number of Justices, giving Biden as President the ability theoretically to add four, or six, or even more Justices in an attempt to cement a permanent Democratic majority. In fact, Congress has changed the number of Justices multiple times in the past, although the last time was in 1869. In recent days, prominent Democrats — including Senator Edward Markey of Massachusetts, Congressman Jerrold Nadler of New York (my Congressman!), and former Attorney General Eric Holder — have advocated that if Barrett is confirmed, Democrats should retaliate by expanding the number of Justices to regain the majority of the Court.
The last President to float the idea of adding Justices to shift the Court’s ideology was Franklin Roosevelt. The effort occurred in 1937, just after Roosevelt had been re-elected in a landslide in 1936, and had swept in with him super-majorities in both the House and Senate. Roosevelt had become frustrated with a Court that had struck down some of his most significant initiatives, the most famous being the National Industrial Recovery Act of 1933, which was struck down in the Schechter Poultry case of 1935. Roosevelt sought to seize the opportunity of his big new Congressional majorities, proposing to add six more Justices, to make a Court of 15. On the assumption that the new Justices would be loyal political allies, the six new Justices would be sufficient to give Roosevelt a majority to uphold any new legislation he could get enacted. The initiative immediately earned the nickname of “court packing.”