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[QUOTE]Originally posted by Siegfried: [QB] [QUOTE]Originally posted by Omega: [qb] I always wondered about schemes like that. Life terms or not, all congress would really have to do would be reduce the Supreme Court in size to three justices, kick the oldest six off, re-expand to twelve, appoint nine new ones, reduce back to nine, kick off the oldest three. As far as I know this would be perfectly legal.[/qb][/QUOTE]Something similar has been done in the past. Congress passed a bill called the Judicial Circuits Act in 1866 that called for the removal of three seats from the U.S. Supreme Court as justices retired. This was done by Congress to prevent President Andrew Johnson from appointing anyone to the Supreme Court should any vacancies arise.* At the time, there were ten seats on the Supreme Court and the intent was to drop the size to seven. A seat was dropped after passage of the act (which killed a pending nomination to that seat made by Johnson) and another seat was removed the following year. Before the third seat could be removed, a new measure was passed by Congress (the Circuit Judges Act of 1869) which reset the number of seats on the Supreme Court to nine. * A minor note on this, I've also read references that the bill was not so much a slam to Johnson as it was a compromise between the chief justice and Congressional leaders. The chief justice (Salmon Chase) hoped Congress would raise judicial salaries in return for a smaller Supreme Court (that would no longer wind up with tie decisions). [/QB][/QUOTE]
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