Ratigan, why do you think the Supreme Court has an odd number of justices?
( The answer is: so they never have an evenly divided court. )
I don't understand why you have such an issue with a "divided" court. Why is the existence of 5-4 decisions so disturbing to you?
And I think it's pretty obvious how this situation gets "checked" and by which branch of government.
(It's the Executive branch's job to appoint judges. )