Nolan Zugernat: Guessing Congressional Democrats would probably want to "do the right thing" and "respect the institution." But hey, I personally am all for it.

In all seriousness, if Biden informed Manchin/Sinema that they will be prosecuted if they don't vote to end filibuster/appoint four new justices, wouldn't that conversation be presumptively immune from prosecution, since it's a discussion about how to advance the president's agenda?

Question: After SCOTUS ruling, can Biden now order DOJ to prosecute Manchin/Sinema on trumped up charges if they refuse to vote to end the filibuster and appoint four new justices? Wouldn't order to DOJ be absolutely immune, and wouldn't threat to the senators be at minimum presumptively immune?

Both houses have to approve an increase in Supreme Court justices. The Senate could then confirm, but not before that vote.

I'm suggesting that he could ignore the law requiring House vote on expansion, but I suppose that would end in Constitutional crisis, right?

Guessing Congressional Democrats would probably want to "do the right thing" and "respect the institution." But hey, I personally am all for it.

that is unfortunately a very good guess

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