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We haven't. The number of justices has changed nine times since the United States Constitution was ratified.

The Judiciary Act of 1789 provided for a 6-member Court, with a Chief Justice and 5 Associate Justices. Congress adjusted the size of the Court a number of times through the during the 19th-century.

  1. Judiciary Act of 1801: Court size, 5
  2. Repeal Act of 1802: Court size, 6
  3. Judiciary Act of 1807: Court size, 7
  4. Judiciary Act of 1837: Court size, 9
  5. Judiciary Act of 1863: Court size, 10
  6. Judiciary Act of 1866: Court size, 7
  7. Judiciary Act of 1867: Court size, 8
  8. Judiciary Act of 1869: Court size, 9
After the election of President Ulysses S. Grant, Congress passed the Judiciary Act of 1869, which set the Court's membership at nine. This number has remained the same ever since.
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