The national election could bring about the following outcome:
Joe Biden wins the presidency, and the Democrats flip the Senate from Republicans and retain the House. Congressional Democrats expand the Supreme Court, with the president nominating, say, four or more additional justices, confirmed by the Senate majority of his own party. This makes all three branches of the federal governmentexecutive, legislative, judicialliterally and entirely controlled by one political party. As Lord Acton rightly observed: Power tends to corrupts and absolute power corrupts absolutely.
There would no longer be a realistic separation of powers or independent judiciarysomething unique to American history.
Hence, this constitutional question: is there any provision in the Constitution that would permit the Supreme Court to rule as unconstitutional the Supreme Courts packing because, for all practical purposes, it would invalidate the separation of powers and the independent judiciary?
The answer is no.
The number of Supreme Court justices is determined by Congress, not by the Constitution. And these appointed justices are constitutionally given lifetime appointments.