Size Of Supreme Court Fluctuates

1863

The new Republican majorities in Congress expand the U.S. Supreme Court to 10 justices, allowing President Abraham Lincoln to make an appointment to the court. In 1867, Congress will reduce the number of justices to eight to prevent Lincoln’s successor, Andrew Johnson, from appointing any new justices. Congress acts because it disagrees with Johnson’s Reconstruction policies. After Johnson’s term, Congress will bring the Court back to nine justices.