I forget when the SC went to 9 but it was not always at 9. My guess is that Garland will receive a hearing if Hilliary wins. Just a hunch.
It has moved around some. Started out with 6 total - chief and 5 associates. It was bumped to 7 total in 1807, 9 in 1837, 10 in 1863. In 1866, it was set up to drop back to 7 through attrition. In 1869, they settled back at 9 total. No changes since then, although FDR proposed adding a justice for every justice over the age of 70. That proposal failed, and no one on either side of the aisle was particularly fond of that idea.
