Why Are There nine supreme court Justices? Supreme Court justice Anthony Kenneday said he's retiring at the end of July, meaning the court will hold just eight justices until a new nominee gets confirmed by the U.S. Senate. Eight justices also manned the court between February 2016 when Justice Antonin Scalia died and Neil Gorsuch was confirmed on April 7, 2017. However, it turns out, the original U.S. Constitution did not set the number of justices on the Supreme Court. Therefore, it was up to Congress to decide, and in 1801, it set the number at five. But things didn't stay that way for long. "The number of Supreme Court justices has changed over the years," Kathy Arberg, spokesperson for the U.S. Supreme Court, told Live Science. "The number of justices has been as high as 10." [8 Supreme Court Decisions that Changed US Families] Congress increased the number to seven in 1807, to nine in 1837, then to 10 in 1863. Then, in order to prevent President Andr...
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