History of the Supreme Court: A Journey Through Time and Numbers © Cynthia Crofoot Rignanese, Esquire

You and I grew up with an image of the Supreme Court. When it comes to the Supreme Court, don’t you picture the iconic black robes, the imposing columns of the Supreme Court building, and the nine justices who hold the power to shape our country’s laws? But did you know that the number of justices has not always been nine? The Supreme Court's history is a fascinating journey filled with changes, controversies, and a few surprises along the way.

I have always been fascinated by Constitutional Law and the Supreme Court. And I want to share some of that with you today. My blog will illuminate the history of the Supreme Court, explore how its membership evolved over time, and how these changes reflect the growth of the United States itself.

**The Supreme Court’s Birth**

Our first stop on this journey involves us popping in to a time machine and going back 235 years! The Supreme Court was established by the U.S. Constitution in 1789, making it one of the three branches of the federal government, along with the Executive and Legislative branches. But while the Court itself was created in the Constitution, the number of justices was not established! That detail was left to Congress, which has had some fun tinkering with it over the years.

The Judiciary Act of 1789, one of the first pieces of legislation passed by the newly-formed Congress, set the number of Supreme Court justices at six. Yes, six! This meant there was the potential for tie votes, something that seems strange today in 2024. However, back in those early days, the idea was to have an even number of justices who could serve on circuit courts around the country, as well as on the Supreme Court.

**The Early Years: Growing Pains and Political Maneuvering**

The Supreme Court’s early years were a bit like the early years of any startup – lots of trial and error. “TRIAL” and error!?! Pun intended! In truth, the justices spent much of their time traveling around the country, or “riding circuit,” to hear cases. This left little time for the high-profile cases that we associate with the Court today.

As the country grew in population, so did the demands on the Supreme Court. This led to Congress making adjustments to the number of justices. In 1801, Congress, under President John Adams, abolished circuit duties and reduced the number of justices from six to five, hoping to prevent incoming President Thomas Jefferson from appointing a new justice. However, this change was quickly reversed the following year, bringing the number back to six.

In 1807, as the country expanded westward to the Wild West, Congress increased the number of justices to seven, adding an additional circuit court to cover the growing territory. This was not simply about geography – it was also about politics. Adding a justice meant adding a potential ally on the Court.

**The Civil War: A Rollercoaster of Numbers**

The most dramatic changes to the Supreme Court population happened during the turbulent years of the Civil War and Reconstruction. In 1837, the Court’s size was increased to nine justices to match the growing number of federal circuits, as the country continued to expand.

But the real rollercoaster began in the 1860s. In 1863, during the Civil War, Congress added a tenth justice to the Court, allowing President Abraham Lincoln to appoint a justice sympathetic to his cause. But after Lincoln’s assassination, Congress reduced the number of justices back down to seven in 1866 to limit President Andrew Johnson’s power, as they failed to trust him to make appointments that would support Reconstruction.

This reduction did not last long. Three years later, in 1869, Congress settled on nine justices, where the number has remained ever since. This was largely to accommodate the nine federal circuits that existed at the time, but it also reflected a desire for stability after years of political maneuvering.

**The New Deal Era: Almost a Change**

Fast forward in our time machine to the 1930s, and the nation faced another potential change to the Supreme Court’s size. President Franklin D. Roosevelt, frustrated with the Court striking down several New Deal programs, proposed the Judicial Procedures Reform Bill of 1937. This bill would have allowed him to appoint an additional justice for every sitting justice over the age of 70, up to a maximum of 15 justices.

Roosevelt’s plan, known as the “court-packing” plan, was highly controversial and ultimately failed. However, it did lead to a shift in the Court’s approach, with some justices beginning to support New Deal legislation, a change known as “the switch in time that saved nine.”

**The Modern Court: Stability and Challenges**

Since 1869, the number of Supreme Court justices has remained at nine. This stability has allowed the Court to focus on its role as the final arbiter of the Constitution, without the political upheaval that marked its earlier years.

In recent years, discussions about the size of the Supreme Court have resurfaced, with some advocating for expanding the number of justices to reflect the growing population and complexity of the nation. Others argue that the current size of the Court should remain unchanged to maintain its independence and prevent further politicization.

**Why Nine? The Supreme Court’s Magic Number**

You may wonder why has the number nine stuck for so long? There is no magic formula, but nine justices seem to work well for the Court’s workload and decision-making process. It allows for a diversity of opinions and a balance between the different perspectives that the justices bring to the table. It also ensures that there’s always a majority opinion, avoiding the deadlocks that plagued the early Court when there were six justices. I note that the nine number does include the Chief Justice. The Honorable John G. Roberts, Jr., is the 17th Chief Justice of the United States Supreme Court, and there have been 104 Associate Justices in the Court's history.

Nine has become part of the Supreme Court’s identity, symbolizing its role as a stable and enduring institution in American life. While there have been calls to change the number, the Court’s size has become a touchstone of its legitimacy and independence.

**Looking Ahead: The Future of the Supreme Court**

As we look to the future, the Supreme Court will undoubtedly continue to evolve, just as it has throughout American history.

One thing is certain: the history of the Supreme Court is far from over. The Court will continue to play a pivotal role in shaping the United States, one decision at a time.

And as you think about the nine justices currently sitting on the bench in their black robes, remember that the Court we know today is the result of centuries of growth, change, and, yes, a little bit of political drama. The next time you hear about a Supreme Court case in the news, you will know a bit more about how this powerful institution came to be – and how its past continues to influence its present and future.

So here’s to the Supreme Court: nine justices, 235 years of history, and countless decisions that have shaped the nation. Sometimes the Court even reverses itself. Who knew the history of a court could be so fascinating?

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