Why has the Supreme Court had nine justices since 1869?

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A person ascends the steps of the west facade of the United States Supreme Court Building in Washington, D.C., with its tall columns and a round fountain in the foreground. — Supreme Court of the United States The west facade of the U.S. Supreme Court building, Washington, D.C.

The number of justices on the Supreme Court of the United States is not fixed by the U.S. Constitution, but is instead determined by Congress. Throughout the 19th century, the size of the Court fluctuated for various political reasons, ranging from five to ten members.12

In 1866, Congress reduced the number of seats to prevent President Andrew Johnson from making new appointments. Following Johnson's departure from office, Congress passed the Judiciary Act of 1869, which set the number of justices at nine. This figure has remained unchanged since that time. While subsequent attempts to alter the Court's size have occurred—most notably President Franklin D. Roosevelt's 1937 court-packing plan—none have succeeded.321