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When there were only seven Supreme Court Justices.
There was a time when seven was the number of justices that the Congress thought was appropriate. Should we return to that number?
That would mean that they not fill the vacancy of Scalia but also not fill the next vacancy either.
In the Judicial Circuit Acts of 1866, Congress cut the number to seven. But in the Judiciary Act of 1869, they set the number at nine. It has remained there since that time.
http://www.livescience.com/9857-9-supreme-court-justices.html