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This Day in Legal History: Congress Shrinks the Supreme Court
On July 23, 1866, Congress passed the Judicial Circuits Act, and in doing so did something that sounds almost unimaginable today: it shrank the Supreme Court. The Act provided that the Court would gradually contract from ten justices down to seven, as sitting justices died or retired and their seats simply went unfilled. Yesterday we talked about Franklin Roosevelt’s failed attempt to enlarge the Court to overpower it; today’s anniversary is the mirror image—Congress reducing the Court’s size for pointedly political reasons.
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