Which act established the current number of nine Supreme Court justices?

Which act established the current number of nine Supreme Court justices?

• A. Judiciary Act of 1789
• B. Judiciary Act of 1869
• C. The Constitution itself
• D. The Federal Judiciary Act of 1900

Answer: (B)

The number of Supreme Court justices is set by statute, not fixed in the Constitution. After various changes in the Court’s size over the years, the Judiciary Act of 1869 established a total of nine seats and that arrangement has stayed in place ever since. The Constitution gives the Court its authority but does not specify how many justices it must have, and earlier acts changed the number before 1869. The Federal Judiciary Act of 1900 did not establish nine justices, so the 1869 act is the one that created the current lineup.

The number of Supreme Court justices is set by statute, not fixed in the Constitution. After various changes in the Court’s size over the years, the Judiciary Act of 1869 established a total of nine seats and that arrangement has stayed in place ever since. The Constitution gives the Court its authority but does not specify how many justices it must have, and earlier acts changed the number before 1869. The Federal Judiciary Act of 1900 did not establish nine justices, so the 1869 act is the one that created the current lineup.