2 Comments

I’m thinking about the last time the Supreme Court was expanded, 1896, from 5 to 9 justices… I’ve heard that was in response to Plessy v Ferguson (1896). Which seems entirely analogous to this term’s batch of SCOTUS decisions. I’d say it’s time to add 8 more justices.

Expand full comment

I was wrong. The court was allowed to shrink through retirements while Johnson was President, but snapped back from size 6 to size 9 as soon as Grant took office (April 10, 1869). Plessy v Ferguson was argued on April 13, 1896. I was confused by 1869 vs 1896.

Expand full comment