Trivia Answers

5. By statute, the size of the Court was set initially at six. In 1801 an attempt was made by John Adams' Federalists to deny the incoming President Jefferson an opportunity to fill the next vacancy on the six justice Court by changing the size of the Court to five. This Circuit Court Act of 1801 was repealed almost immediately, however, prior to the departure of any of the six sitting justices.

The largest size of the Court was 10, bumped up from 9 in 1863 during the Civil War in part to recognize the importance of California and Oregon to the Union cause and in part to solidify the Court as dominated by those who would presumably support President Lincoln's pursuit of the War. The size was reduced statutorily to 7 in 1866 to deny appointments to President Andrew Johnson, though actually dropping to only eight justices before being restored to 9 in 1869 for President Grant, where it has remained ever since.