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Old 04-01-2019, 07:17 PM
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MEBuckner is offline
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Join Date: Aug 2000
Location: Atlanta, Georgia, USA
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28 U.S. Code  1:
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

(June 25, 1948, ch. 646, 62 Stat. 869.)
This is a law, passed by the United States Congress and signed by the President of the United States*. That's what sets the size of the Supreme Court (since the Constitution doesn't actually set a number); Congress (and the President) made that law, and of course they could change it. (Or a super-majority of both houses of Congress could change it over a Presidential veto.) Whether or not they should do so is another question.

*I mean, as far as I know passing this didn't involve overriding a Presidential veto or anything. If I'm reading the parenthetical statement correctly, this law dates back to June 1948 (which doesn't necessarily mean that a nine-member SCOTUS only dates back that far, Congress could have just been tidying up the U.S. Code or something like that).

And of course the President of the United States can't just appoint a couple of extra Supreme Court Justices, either.
"In our obscurity, in all this vastness, there is no hint that help will come from elsewhere to save us from ourselves." -- Carl Sagan

Ceterum censeo imperium Trumpi esse delendam