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Supreme Court of the United States: Legislative History

September 24, 1789
1 Stat. 73
Judiciary Act of 1789 organized the Supreme Court and provided for the appointment of a Chief Justice and five associate justices.
February 13, 1801
2 Stat. 89
Judiciary Act of 1801 provided that upon the next vacancy on the Supreme Court, the number of justices would be reduced to five, including the Chief Justice. (No vacancy occurred before the repeal of this act.)
March 8, 1802
2 Stat. 132
Repeal of the Judiciary Act of 1801 restored the number of justices to six.
February 24, 1807
2 Stat. 420
Appointment of one additional justice authorized.
March 3, 1837
5 Stat. 176
Appointment of two additional justices authorized.
March 3, 1863
12 Stat. 794
Appointment of one additional justice authorized.
July 23, 1866
14 Stat. 209
This act reduced the number of authorized seats on the Supreme Court from ten to seven and provided that no vacancies were to be filled until the Court reached the prescribed size. (The number of justices serving on the Supreme Court fell to eight before revision of the act in 1869.)
April 10, 1869
16 Stat. 44
The act increased the size of the Supreme Court to nine justices, one for each of the judicial circuits established in 1866.

 

Authorized Number of Justices
1789 6
1801 5
1802 6
1807 7
1837 9
1863 10
1866 7
1869 9