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Scott Fitzgerald: “In 1869, when Congress did pass that Judiciary act, why did…”

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

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Rep. Fitzgerald Discusses the Dangers of Court Packing in the United States

Published | Video Starts at 01:15

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.

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