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kescusay ,
@kescusay@lemmy.world avatar

No, he’s not right.

Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.

Source: www.uscourts.gov/about-federal-courts/…/about

Congress gets to set the rules of how the Supreme Court is organized. They are a built-in constitutional check on SCOTUS.

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