What I find most incredulous about liberals’ argument is how they feign disgust at conservative originalist justices for “literal interpretation” but then their very own plan recognizes they have to interpret the Constitution literally and textually to achieve their results. In other words, they are actually using the very text of the Constitution to recognize it gives Congress power to set the number of justices on the Supreme Court, and it further gives power to the president to nominate a new justice and confirm with advice and consent of the Senate.
So why the outrage when conservatives are poised to have a majority on the Supreme Court? That’s actually a good thing for everyone. In the framework of the Supreme Court, conservatism acknowledges the only power the Constitution grants to the judiciary is the power to fairly and impartially apply the law. No side should be favored and certainly no policy preferences should be legislated from the bench.
And Democrats know this, they just admit it only when they want to and then deny it when they don’t like the rules.