People can listen to Richard Nixon argue a case before the Supreme Court before he became president. Ironically, Fortas and Warren (along with Clark; Harlan dissented in part) agreed with him. Fortas originally wrote the opinion but lost the majority.
The Judiciary Act of 1789 established the first Supreme Court, with six Justices. In 1801, President John Adams and a lame-duck Federalist Congress passed the Judiciary Act of 1801, which reduced the Court to five Justices in an attempt to limit incoming President Thomas Jefferson’s appointments. Jefferson and his Democratic-Republicans soon repealed that act, putting the Court back to six Justices. Then, in 1807, Jefferson and Congress added a seventh Justice when Congress added a seventh federal court circuit.
In early 1837, President Andrew Jackson was able to add two additional Justices after Congress expanded the number of federal circuit court districts. Under different circumstances, Congress created the 10th Circuit in 1863 during the Civil War, and the Court briefly had 10 Justices. Congress then passed legislation in 1866 to reduce the Court to seven Justices. That only lasted until 1869, when a new Judiciary Act [ ] put the number back to nine Justices, with six required at a sitting to form a quorum. (President Ulysses S. Grant eventually signed that legislation and nominated [two justices].)
People can listen to Richard Nixon argue a case before the Supreme Court before he became president. Ironically, Fortas and Warren (along with Clark; Harlan dissented in part) agreed with him. Fortas originally wrote the opinion but lost the majority.
https://www.oyez.org/cases/1965/22
Always interesting tidbits of scotus history, thank you
Who’d a thunk Garfield! 🤠
In related news from the non-partisan National Constitution Center at https://constitutioncenter.org/blog/packing-the-supreme-court-explained:
The Judiciary Act of 1789 established the first Supreme Court, with six Justices. In 1801, President John Adams and a lame-duck Federalist Congress passed the Judiciary Act of 1801, which reduced the Court to five Justices in an attempt to limit incoming President Thomas Jefferson’s appointments. Jefferson and his Democratic-Republicans soon repealed that act, putting the Court back to six Justices. Then, in 1807, Jefferson and Congress added a seventh Justice when Congress added a seventh federal court circuit.
In early 1837, President Andrew Jackson was able to add two additional Justices after Congress expanded the number of federal circuit court districts. Under different circumstances, Congress created the 10th Circuit in 1863 during the Civil War, and the Court briefly had 10 Justices. Congress then passed legislation in 1866 to reduce the Court to seven Justices. That only lasted until 1869, when a new Judiciary Act [ ] put the number back to nine Justices, with six required at a sitting to form a quorum. (President Ulysses S. Grant eventually signed that legislation and nominated [two justices].)
> The only other “news” out of the Court last week was the release of the January 2025 argument calendar—which is bereft of blockbusters.
I'd call FSC v Paxton a blockbuster!
Hamm v Smith just got GVR'd though, so that's another potential blockbuster gone. Justices seem determined to have a nice quiet term.
As good an argument for term limits as I've ever seen.