Why 9 instead of 5 or 7 or 11 or 13?

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@DWDavis (25797)
United States
June 8, 2022 8:54pm CST
Why are there 9 justices on the Supreme Court of the United States (SCOTUS)? It is because there were 9 federal court circuits at the time. The time was 1869. 9 was settled on because the US had 9 federal court circuits then due to expansion into the west. Before that, the Court did not have a set number. At its low, 5 justices sat on the bench. At its peak, 10. It's not magic or even a very imaginative reason for there to be 9. We now have 13 federal court circuits, so an argument could be made that, based on the reason given for seating 9 in 1869, we should have 13 justices. Also, instead of lifetime appointments, should terms for the justices be reduced to a reasonable number of years, say 7 years with no reappointments? Remember, when the idea of lifetime appointments was written, few people lived past 40. What do you think? I SCOTUS too big or too small. Is a lifetime appointment too long considering the increase in human life expectancy since the Constitution was written?
5 people like this
5 responses
• United States
9 Jun 22
An immediate jump to 13 would be dirty pool. An increase by one every two years would be more just, eventually matching the number of Circuit Courts. I believe that mandatory retirement at 67 years old would be best for the SC and our country.
2 people like this
@DWDavis (25797)
• United States
9 Jun 22
I agree it should not be increased all at once if it is increased. My thought was one new justice every two years. That way, 1/3 of the Senate would have either been newly elected or reelected before each candidate was confirmed.
1 person likes this
@FourWalls (86703)
• United States
9 Jun 22
The thing that kind of bugs me about the Supreme Court is they are supposed to be part of a system of checks and balances. Fine. Who checks and balances THEM? By the way, there have been calls for an increased number of Supreme Court justices for decades. I’ve seen stories about it in newspapers in the 1930s. It seems nobody wanted that when Reagan or Eisenhower was in office, though…..
2 people like this
@DWDavis (25797)
• United States
9 Jun 22
FDR was a big proponent of expanding SCOTUS during the Great Depression because several of his more socialist programs were struck down by the existing court when Republicans sued over them.
1 person likes this
@wolfgirl569 (135744)
• Marion, Ohio
9 Jun 22
I dont know how to increase the numbers fairly. But there should be a term limit
1 person likes this
@DWDavis (25797)
• United States
9 Jun 22
How to increase the number would pose a huge political firestorm all its own.
1 person likes this
@wolfgirl569 (135744)
• Marion, Ohio
9 Jun 22
@DWDavis 9 to me is a good number. They just need rotated out after so many years. Especially since so many wont retire on their own.
1 person likes this
@JudyEv (382054)
• Rockingham, Australia
10 Jun 22
I can't really comment but I do think some people reach their use-by date before they actually die and can make bad decisions in their latter years.
1 person likes this
@porwest (112876)
• United States
9 Jun 22
I think the system of 9 justices works just fine, has worked fine for all the years it has been in place, and no changes are needed. I am also fine with lifetime appointments.
1 person likes this