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As of September 26, 1789, when Congress confirmed President Washington's first Supreme Court nominees, there were six justices. One justice declined the nomination, so the sixth seat remained vacant (leaving only five justices) until James Iredell was appointed in 1790.

The Judiciary Act of 1789 called for one Chief Justice and five Associate Justices.

Chief Justice:

John Jay, New York

Associate Justices:

John Rutledge, South Carolina

William Cushing, Massachusetts

James Wilson, Pennsylvania

John Blair, Virginia

James Iredell, North Carolina

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