You know the president can add justices, right? Court expansion is under the jurisdiction of the executive branch and approved by the Senate. So no, he doesn't need to kill a justice, he can just increase the court size.
The Constitution does not specify the size of the court.
“The next president is likely to have two new Supreme Court nominees — two more,” Biden said at a campaign fundraiser in Los Angeles, adding that Trump had already appointed two justices who are “very negative in terms of the rights of individuals.”
Biden’s comments came at a campaign fundraiser in Los Angeles where he appeared alongside former President Barack Obama, actors George Clooney and Julia Roberts and comedian Jimmy Kimmel.
Kimmel noted that almost two years ago, conservative justices appointed by Trump played a pivotal role in overturning Roe v. Wade, the landmark ruling that guaranteed a constitutional right to abortion access.
One of the others drives around in a $267,000 gift on vacations,” the comedian added, referring to controversies surrounding conservative Supreme Court justices Samuel Alito and Clarence Thomas, who came under scrutiny for previously undisclosed trips given by a GOP megadonor.
Senate Judiciary Committee Chair Dick Durbin, D-Ill., said he would not probe Alito for the reported upside-down flag, but urged the conservative justice to step aside from two pending cases involving Trump and the Jan. 6 Capitol attack.
Chief Justice John Roberts also rejected a request to meet with Democratic senators to discuss Supreme Court ethics in light of the flag controversy.
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