A century and a half with nine members. And it's worked very well so far. And again, in my opinion, that ought to be the number. Well, let me follow up then. So In 1869, when Congress did pass that Judiciary act, why did they set it at nine justices at that point? Do you feel if the court, then that would be five to four. If you have 10, then the court could be split. (01:15–01:24)
CLAIM
Implies that the Judiciary Act of 1869 set the number of Supreme Court justices at nine.
This is an excerpt from a raw transcript. The assertions have not been audited or verified. Tap the video to view the source footage and understand the context.