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Scott Fitzgerald: “In 1869, Congress did pass that judiciary act [setting the…”

Featuring: Scott Fitzgerald, Republican | U.S. House of Representatives, Wisconsin, District 5

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'Why Did They Set It At Nine?': Fitzgerald Asks Legal Expert About 1891 Supreme Court Enlargement

Published | Video Starts at 01:20

A century and a half with nine members. And it's worked very well so far. And in my opinion, that ought to be the number. Well, let me follow up then. So In 1869, Congress did pass that judiciary act [setting the Supreme Court] at nine justices. at that point? Do you feel if the court divided, then that would be five to four. If you have 10, then the court could be split. (01:20–01:30)

CLAIM

Asserts that Congress set the Supreme Court at nine justices in 1869.

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