A Certain Mongrel Court: Congress's Past Power and Present Potential to Reinforce the Supreme Court

Although a Supreme Court is provided for by the Constitution, the organization of the existing Court rests on an act of Congress." 1 What can be done to keep the doors of the Supreme Court open if the death or incapacitation of several Justices (as a result of, say, a terrorist attack) deprives it of a quorum? 2 There is a tendency to assume-somewhat mistakenly, as this Article will show-that Congress has little or no power to address this problem head-on.This assumption is rooted in the constitutional mandate that "[t]he judicial Power of the United States,