Ian’s Legal Fact of the Week 11/12/18: Size of the Supreme Court

As the Constitution does not specify the size of the Supreme Court, Congress has the authority to do so. The Judiciary Act of 1789 set the number at 6 justices, although it has ranged from a low of 5 (in 1801) to a high of 10 (in 1863). The current number of justices, 9, was established by the Judiciary Act of 1869.

 

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