Nine justices. Fifty states. One Electoral College.
Democrats keep floating plans to change all three, and they’ve quit whispering about it.
But Elon Musk spotted the one detail in their playbook that makes it far more dangerous than it sounds.
Elon Musk Put His Finger on the Fine Print
Elon Musk set X on fire when he shared a post from an account called FischerKing that mapped out, step by step, how Democrats could lock up Washington, DC for good.
Musk added a single line on top. “This is literally their plan to end democracy in America,” he wrote.
The post he amplified reads like a grocery list. Win back the House and Senate, and ideally the White House in 2028. Admit DC and Puerto Rico as states to grab four new Senate seats. Pack the Supreme Court. Get rid of the Electoral College. Lean on mass immigration to keep the new majority stocked with voters.
Liberal commentator Brian Krassenstein fired back that every one of those changes would actually make America more democratic, and he asked whether Musk even knew what a democracy was.
And plenty of folks might figure Musk was laying it on thick. He has never been accused of understatement.
But the most important words in that post didn’t come from Musk. They sat in a quick aside about statehood, which noted that none of it needs a constitutional amendment.
That aside is the whole ballgame.
Every Step Slips Through a Side Door
Changing the Constitution takes supermajorities in Congress and in the states. Democrats couldn’t get within shouting distance of that bar on any of these ideas, and they know it.
So the playbook never knocks on the front door.
The Constitution doesn’t set the size of the Supreme Court. Congress picks the number by ordinary law, and it has held the bench at nine since 1869. A bare majority in both chambers and a friendly President could make it 13 within a single session.
Statehood runs on the same track. Congress admits a new state by passing a bill. No ratification fight, no state legislatures, no nationwide debate.
And the Electoral College? Democrats found a detour there, too. The National Popular Vote Interstate Compact binds member states to hand their electors to whoever wins the national popular vote, no matter how their own residents voted. Virginia Governor Abigail Spanberger signed her state onto the compact in April 2026, bringing it to 18 states plus DC, worth 222 electoral votes. The compact switches on at 270.
That leaves it 48 electoral votes away.
Picture a Virginia farmer who votes for one candidate, watches that candidate carry Virginia, and then sees the state’s electors go to the other guy because of how Los Angeles and Chicago voted. That’s not a hypothetical anymore. It’s a math problem with a shrinking remainder.
Kamala Harris Has Been Reading From the Same Page
Anybody tempted to call Musk paranoid should check in with the woman who lost to Donald Trump 312 to 226 in the Electoral College and by more than 2 million votes nationwide.
Speaking at the National Urban League Conference in Nashville during the summer of 2026, Kamala Harris went right after the Electoral College. “I know this is going to be controversial coming from me in particular,” she told the crowd, before tying it to a 13-justice Court and statehood for DC and Puerto Rico.
Then she went on the Baby, This is Keke Palmer podcast and sketched what Democrats ought to do if voters hand them Congress. “I believe that we need to expand the Supreme Court,” Harris said.
But Harris isn’t freelancing. Longtime Democrat strategist James Carville told his party that a Democrat sweep should add both states and grow the Court to 13 on day one. His advice on selling it to the public was refreshingly honest.
“Don’t run on it,” Carville said.
That might be the most revealing sentence anyone in the Democrat Party has uttered in years. A party campaigns on the ideas it’s proud of. It saves the ones voters would reject for after the polls close.
So call Musk’s language hyperbole if it makes the coffee go down easier. The plan itself keeps showing up in the mouths of people who actually run Democrat campaigns.
What Franklin Roosevelt’s Own Party Understood
Democrats call all of this “reform.” That one word carries an awful lot of freight.
A packed Court could unwind the rulings that overturned Roe v Wade and ended affirmative action, then turn its attention to the Second Amendment, free speech, and the limits on warrantless spying. Four new senators from DC and Puerto Rico would make a Republican Senate majority a steep climb for a generation. A popular-vote compact would let a few giant metro areas pick the President, the precise outcome the Electoral College exists to prevent.
And the immigration plank ties the bow on the package. Amnesty for illegal aliens rewards lawbreaking and floods the job market with cheap labor that undercuts American workers. It also hands the party granting it a fresh crop of future voters. Combine that with four extra senators and a 13-seat Court, and the voters who decided the 2024 election would wake up outvoted under rules Democrats wrote after the fact.
President Trump has seen this coming. In a Truth Social post blasting the statehood push, he urged Republicans to “TERMINATE THE FILIBUSTER!” before Democrats scrap it themselves and run the whole program through with 51 votes.
And here’s the part Democrats would rather nobody remembered. They tried the Court piece once already.
In 1937, Franklin Roosevelt asked Congress for up to six new justices after the Court kept striking down New Deal programs. His party held 76 Senate seats. On paper, the bill should have cruised.
But it didn’t. The Senate Judiciary Committee, with Democrats making up seven of the ten senators who signed its report, declared that the plan “should be so emphatically rejected that its parallel will never again be presented” to the people’s elected representatives. The full Senate then voted 70 to 20 to send the bill back to committee and gut the court-packing provisions.
Decades later, a young Senator from Delaware named Joe Biden looked back on Roosevelt’s scheme and called it a “bonehead idea.”
In 1937, seven Democrats stood between their own President and the Supreme Court. Nobody in the Democrat Party has volunteered for that job since.
Sources: Elon Musk and FischerKing posts on X; Newsweek, “Kamala Harris Pitches Supreme Court, Electoral College Reform”; Fox News via Yahoo News, “Kamala Harris calls to expand Supreme Court, add states if Dems take Congress”; BizPac Review; PJ Media; Attack of the Fanboy; AMAC Newsline; Yahoo News, “Trump says if DC and Puerto Rico become states ‘country destroying sleazebags will dominate politics’”; Daily Signal; NPR/VPM, “Virginia joins a national effort to ensure only popular vote winners become president”; Supreme Court Historical Society, “FDR & the Court-packing Controversy”; National Review; US Senate Resolution 164 (117th Congress).
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