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- Embed this notice@WilhelmIII @BattleDwarfGimli @KennyWhitePowers @Rose @bobbala @feralphilosophernc @jb @lovelymiss @Escoffier @Liquid_Boss @Spingebill @UnCL3 @dictatordave @graf Section 1 gives congress the authority to create inferior courts
Section 2 gives the Senate the authority to advise and consent for appointees to the Supreme Court.
If you'd suggest that an interpretation of Section 2 by having the authority to advise and consent to appoint judges to the Supreme Court as the method to create new vacancies, I'd suggest that this is where the Supreme Court could disagree, and it is the Supreme Court under Article 3 Section 1 that has "The judicial Power of the United States, ..."
It doesn't say that Senate has the power to authorize new appointments, only to advise and consent to appoint those appointees to the SCOTUS. Ultimately, SCOTUS would have the final say, as they always do in matters of law and constitutional interpretation.