Why Does the Supreme Court Have Nine Justices?

Front row, left to right: Stephen G. Breyer, Clarence Thomas, (Chief Justice) John G. Roberts, Jr., Ruth Bader Ginsburg, Samuel A. Alito. Back row: Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh.
Front row, left to right: Stephen G. Breyer, Clarence Thomas, (Chief Justice) John G. Roberts, Jr., Ruth Bader Ginsburg, Samuel A. Alito. Back row: Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh.
Fred Schilling, Collection of the Supreme Court of the United States // Public Domain

Some facets of the U.S. government—like presidential terms and post offices—were written into the original Constitution after (often lengthy) deliberations by the Founding Fathers. The number of Supreme Court justices was not one of those things.

The document did establish a Supreme Court, and it stated that the president should appoint its judges; it also mentioned that a “Chief Justice shall preside” if the president gets impeached. Since it was left up to Congress to work out the rest of the details, they passed the Judiciary Act of 1789, which outlined an entire court system and declared that the Supreme Court should comprise one chief justice and five associate justices. As History.com explains, they landed on six because the justices would have to preside over federal circuit courts, one of which was located in each state. Traveling wasn’t quick or easy in the horse-and-carriage days, so Congress wanted to minimize each justice’s jurisdiction. They split the courts into three regions, and assigned two justices to each region.

According to Maeva Marcus, director of the Institute for Constitutional History at George Washington University Law School, the even number of justices was a non-issue. “They never even thought about it, because all the judges were Federalists and they didn’t foresee great disagreement,” she told History.com. “Plus, you didn’t always have all six justices appearing at the Supreme Court for health and travel reasons.”

Over the next 80 years, the number of Supreme Court justices would fluctuate for two reasons: the addition of federal circuit courts, and presidents’ partisan motives. John Adams and his Federalist Congress reduced the number to five with the Judiciary Act of 1801, which they hoped would prevent Democratic-Republican Thomas Jefferson from getting to fill a seat after he took office that year. By the following year, Jefferson’s Congress had passed another judicial act that returned the number of justices to six, and they upped it to seven after forming another circuit court in 1807.

The nation grew significantly during the early 19th century, and Congress finally added two new circuit courts—and with them, two new Supreme Court seats—during Andrew Jackson’s presidential tenure in 1837. Republican Abraham Lincoln then briefly increased the number of justices to 10 in order to add another abolitionist vote, but Congress shrunk it to seven in 1866 to keep Andrew Johnson from filling seats with Democrats. As soon as Republican Ulysses S. Grant succeeded Johnson, Congress set the number back to nine, where it’s remained ever since.

Sketched portraits of the U.S. Supreme Court justices through 1897.Popular and Applied Graphic Art Print Filing Series, Library of Congress Prints and Photographs Division // No Known Restrictions on Publication

In 1911, Congress did away with circuit courts altogether, so the number of Supreme Court justices stopped being contingent upon their expansion (though each justice does still oversee a region to help with occasional tasks). As for presidents shifting the number to serve their own goals, it’s now looked down upon as “packing the court.” When Franklin D. Roosevelt tried to increase it to 15 in the 1930s to push his New Deal through the Supreme Court, the Senate opposed the bill by a whopping 70 to 20 votes.

In short, the depth of the Supreme Court’s bench changed a lot in America’s early years not only because the country was expanding, but also because the federal government was still testing out its system of checks and balances. And though presidents do still appoint justices based on their own political party, we’ve gotten used to the idea that the Supreme Court is, at least ideologically, supposed to be unbiased. If Congress and the president kept up the habit of adding and subtracting justices at will, it would tarnish this ideal.

“If Congress increases the size of the Supreme Court for transparently partisan political reasons, it would cement the idea the justices are little more than politicians in robes, and that the court is little more than an additional—and very powerful—arm through which partisan political power can be exercised,” Steve Vladeck, a professor at the University of Texas School of Law, wrote for NBC News. “Indeed, that Congress has not revisited the size of the court in 150 years is a powerful testament to just how ingrained the norm of nine has become—and how concerned different political constituencies have been at different times about preserving the court’s power.”

[h/t History.com]

A New Ruth Bader Ginsburg Bobblehead Is Available for Pre-Order

The National Bobblehead Hall of Fame and Museum
The National Bobblehead Hall of Fame and Museum

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The late Ruth Bader Ginsburg was a devout champion for feminism and civil rights, and her influence stretched from the halls of the Supreme Court to the forefront of popular culture, where she affectionately became known as the Notorious RBG. Though there are plenty of public tributes planned for Ginsburg in the wake of her passing, the National Bobblehead Hall of Fame and Museum has a new RBG bobblehead ($25) available for pre-order so you can honor her in your own home.

There are two versions of the bobblehead available, one of Ginsburg smiling and another with a more serious expression. Not only do the bobbleheads feature her in her Supreme Court black robe, but eagle-eyed fans will see she is wearing one for her iconic coded collars and her classic earrings.

RBG is far from the only American icon bobblehead that the Hall of Fame store has produced in such minute detail. They also have bobbleheads of Abraham Lincoln ($30), Theodore Roosevelt ($30), Alexander Hamilton ($30), and dozens of others.

For more information on the RBG bobblehead, head here. Shipments will hopefully be sent out by December 2020 while supplies last.

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What Is My Turkey Wearing Frilly Paper Hats On Its Legs?

All dressed up and nowhere to go.
All dressed up and nowhere to go.
Matt Cottam via Flickr // CC BY-NC-ND 2.0

Donning a chef’s hat while you cook Thanksgiving dinner is one thing, but sticking a tiny one on the end of each crispy turkey leg seems like it might be taking the holiday a bit too far.

Over the years, these traditional paper coverings have been called many creative names, including turkey frills, turkey booties, and even turkey panties. And while they’ve fallen out of fashion in recent decades, they originally served a very specific purpose. According to 19th-century writer John Cordy Jeaffreson, paper trimmings gained popularity in the 17th century as a way for women to keep their hands clean while they carved meat.

“To preserve the cleanness of her fingers, the same covering was put on those parts of joints which the carver usually touched with the left hand, whilst the right made play with the shining blade,” he explained in A Book About the Table in 1875. “The paper-frill which may still be seen round the bony point and small end of a leg of mutton, is a memorial of the fashion in which joints were dressed for the dainty hands of lady-carvers, in time prior to the introduction of the carving-fork.”

When etiquette books started encouraging "lady-carvers" to use carving forks, the paper didn’t become obsolete—it just got frillier. During the 19th and 20th centuries, chop frills were a cute and classy way to conceal the unsightly leg bones of roast turkey, lamb, chicken, or any other bird. “Dress up any leggy food with them for parties or the children’s birthdays,” Iowa’s Kossuth County Advance wrote in 1951. “They will be thrilled.”

If you’d like to dress up a leggy food or two this Thanksgiving, here are some instructions for making your own chop frills, courtesy of HuffPost.

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