Judicial Evolution
The Changing Faces of the Supreme Court: How We Got to Nine Justices
The Supreme Court's journey to nine justices is a tale of political maneuvering and historical evolution.
The United States Supreme Court, the highest judicial authority in the country, is often associated with its nine justices. However, this number has not always been fixed. The composition of the Supreme Court has changed multiple times throughout American history, influenced by political, practical, and legislative factors.
The Early Years: Six Justices
The Supreme Court was established by the Judiciary Act of 1789, which set the number of justices at six: one Chief Justice and five Associate Justices. This initial configuration was designed to correspond with the three regional circuits that the justices were required to "ride" to hear cases. The first Chief Justice, John Jay, and his colleagues faced significant challenges, including arduous travel conditions and limited prestige.
Fluctuations in the 19th Century
The number of justices began to fluctuate in the early 19th century. In 1801, the outgoing Federalist Congress passed the Midnight Judges Act, reducing the number of justices to five to limit incoming President Thomas Jefferson's appointments. However, this act was repealed in 1802, restoring the number to six.As the nation expanded, so did the Supreme Court. In 1807, Congress increased the number of justices to seven to accommodate the growing number of judicial circuits. This trend continued, with the Court expanding to nine justices in 1837 and then to ten in 1863 during the Civil War. The increase to ten justices was partly to ensure a pro-Union majority on the Court.
Political Manipulations and the Judiciary Act of 1869
The size of the Supreme Court has often been subject to political manipulation. After President Abraham Lincoln's assassination, Congress, wary of his successor Andrew Johnson, passed the Judicial Circuits Act of 1866, which aimed to reduce the Court's size to seven by attrition. This was a strategic move to prevent Johnson from making any appointments.
However, this reduction was short-lived. In 1869, under President Ulysses S. Grant, Congress passed the Judiciary Act of 1869, which set the number of justices at nine, where it has remained ever since. This act was intended to stabilize the Court's size and ensure a more consistent judicial process.
The Court-Packing Plan of 1937
One of the most notable attempts to change the size of the Supreme Court occurred in 1937. President Franklin D. Roosevelt, frustrated by the Court's opposition to his New Deal legislation, proposed the Judicial Procedures Reform Bill. This bill would have allowed him to appoint an additional justice for every sitting justice over the age of 70, potentially expanding the Court to 15 justices. The proposal was widely seen as an attempt to "pack" the Court with justices sympathetic to his policies. It faced significant opposition and ultimately failed, but it remains a significant episode in the history of the Supreme Court.
The Modern Era: Stability at Nine Justices
Since the Judiciary Act of 1869, the number of Supreme Court justices has remained stable at nine. This stability has provided a consistent framework for the Court's operations and has become a defining feature of the American judicial system. The nine-justice configuration allows for a clear majority decision in cases, reducing the likelihood of tie votes.
The Supreme Court's composition continues to be a topic of political debate. Some argue for expanding the Court to address perceived imbalances, while others caution against such changes, fearing they could undermine the Court's legitimacy. Despite these debates, the number of justices has remained unchanged for over 150 years, reflecting a long-standing tradition in American governance.
The Supreme Court's journey to its current composition of nine justices is a testament to the evolving nature of American democracy. From its early days with six justices to the political maneuvers of the 19th and 20th centuries, the Court's size has been shaped by the nation's growth and the shifting tides of political power. Today, the nine-justice Supreme Court stands as a symbol of judicial stability and continuity in the United States.