AMERICA’S Supreme Court has not always had an odd number of justices. For its first 18 years, the high court’s bench was set at just six seats and it saw a brief stint with ten members during the civil war. But since 1869, Congress has determined that the number of justices should stand at a tie-defying nine. Partisan rancour over the Supreme Court has coloured confirmation hearings in recent decades, but only one nominee since the Eisenhower administration has waited longer than 100 days for a Senate vote, and since 1789 an average of just 25 days have elapsed from the date of the nomination to Senate confirmation or rejection (or, in about a dozen instances, the administration’s decision to withdraw the name). The current wait for a new judge is unprecedented in recent times, and bad for both the court and America—why?
