Beyond adding seats, what historical powers does Congress hold over the Supreme Court that are no longer used?

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Congress’s authority over the Supreme Court has historically gone well beyond setting the number of justices, and many of those tools are now rarely used. Under Article III, Congress can shape the Court’s jurisdiction and docket. For much of the 19th century, lawmakers tightly controlled what kinds of cases the Court had to hear and when it would sit. Congress also once dictated the Court’s calendar and, in earlier eras, even its physical location. Congress also used to control the justices’ duties more directly. For decades, Supreme Court justices were required to “ride circuit,” traveling the country to serve as lower-court judges. That obligation, imposed by statute, was eventually abandoned as the federal judiciary expanded. Lawmakers have also historically used financial and administrative levers. Congress cannot cut a sitting justice’s salary, but it has controlled the Court’s budget, adjusted judicial pay and retirement rules, and used those powers to pressure or influence the institution. Relatedly, Congress has long had the power to set ethics and recusal standards for the federal judiciary, including the Supreme Court, though that authority has been used unevenly. Another major but underused power is legislative override of statutory rulings. When the Court interprets a federal law, Congress can amend that law to reverse the result. That was once common, but it has become much less frequent in recent decades. In short, Congress has historically exercised broad cont…

Ed Markey Urges Adding 4 Supreme Court Seats to Reach 13 as He Alleges 2 Were Stolen

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Ed Markey Urges Adding 4 Supreme Court Seats to Reach 13 as He Alleges 2 Were Stolen

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