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Six.

The Judiciary Act of 1801 added Circuit Courts and more judges to assist the Supreme Court with its caseload, and subsequently reduced the number of seats from six to five. The reduction was a blatant attempt on the part of the lame duck Federalist Congress to prevent new President Thomas Jefferson from having an opportunity to appoint a justice to the Court until two vacancies occurred.

The number of seats on the bench can only be reduced by attrition, however, because the Constitution guarantees lifetime appointment to the justices (later extended to all Article III judges), so there were never fewer than six justices on the Court.

The new Democratic-Republican Congress passed the Repeal Act of 1802, reversing the 1801 Act, and restoring the number of seats to six.

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