Expansion
Court Expansion: Actually Normal in American History Whenever reform is discussed, critics cry that changing the Court would be “radical” or “unprecedented.” This is historically illiterate nonsense. The Supreme Court’s size has changed seven times in the nation’s first 80 years. The Judiciary Act of 1789 created a six-member Court. It grew to seven members in 1807, nine in 1837, ten in 1863, back to seven in 1866, and finally to nine in 1869. For most of American history, the Court’s size tracked with the number of federal circuit courts. But here’s what critics never mention: while the Supreme Court has remained frozen at nine justices since 1869, the rest of the federal judiciary has continued to grow dramatically to meet the nation’s needs. ...