Nah. Just fix the filibuster.

There is no SUPREME Court if all of the justices don't hear all of the cases. Term limits, maybe, but first let's see how this conservative Court, treats the legislation coming out of a Democrat government. These Justices may be the best thing that ever happened to Liberal legislators.

I'm betting the post-Ginsburg Court decides California v. Texas solidly in favor of the ACA. The fiction of a toothless mandate is silly. Even if a few lying plaintiffs pretend they were moved by it to buy insurance against their wills, there is no burdensome mandate left to strike down. I expect a rather strong tongue-lashing for the dishonest GOP Congress that pulled this crap.

Alternatively, if the Dems get the Senate and the White House, they will immediately restore the penalty and make the case moot, using whatever parliamentary bulldozer is necessary to get it through the Senate. Or, they will get a fixed-up ACA ready and pass it the day the Court strikes down this one.

Point is, it's way too early to screw with the make-up of the Court.