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Brian Lehrer: Brian Lehrer on WNYC. We've still got the second part of our Sonia Sotomayor interview to play that's coming up. First, our Supreme Court quiz, win a Brian Lehrer Show mug or Brian Lehrer t-shirt if you answer your question correctly. Who wants to play? 212-433-WNYC, 212-433-9692. We have a few minutes in addition to these two interviewee airings and this is how we're going to use them. Again, if you'd like to take a shot at answering a Supreme Court Life by the Numbers quiz question, call in now to get in line at 212-433-WNYC.

That's not our donation line. This is our on-air line. Call into play. We're not going to ask you for money, we're going to try to give you a prize. 212-433-9692. If you get the question right, you can choose between the Brian Lehrer Show New York City skyline mug or a Peace Love and Brian Lehrer tie-dye t-shirt. Call in if you want to try to answer a life-by-the-numbers Supreme Court quiz question, 212-433-9692. That's because we're in a life-by-the-numbers quiz series here on the show as some of you know all designed to test your knowledge of stuff, and for us to learn things at the same time.

I definitely learned some things researching the Supreme Court quiz over the last few days. We'll learn some things together, have a little fun, and giveaway a Brian Lehrer Show mug or a Brian Lehrer t-shirt to you if you answer your question correctly. 212-433-WNYC, 433-9692. Who wants to play? Joseph in Island Heights, New Jersey wants to play. Hi, Joseph, you're on WNYC. Are you ready?

Joseph: Yes. Hi. Good morning.

Brian Lehrer: All right, true or false? The Constitution decrees that there be nine justices.

Joseph: True.

Brian Lehrer: That is false. Sorry, Joseph. We're going to go right to Mike in the Bronx, Sonia Sotomayor's hometown. Hi, Mike, you're on WNYC. Yes, that is false. The Constitution does not decree that there be nine justices. Mike, are you there?

Mike: I'm here.

Brian Lehrer: Good. Here's the follow-up question for that, true or false. Despite this not being in the Constitution, there always have been nine justices, except for temporary vacancies like while filling a seat.

Mike: I believe that's false.

Brian Lehrer: That is false. Would you like a mug, or would you like a t-shirt?

Mike: I would like a shirt. Thank you so much.

Brian Lehrer: Thank you so much. Hang on, we're going to take your address off the air. Yes, here's the history of that, folks. According to the History Channel's website history.com, only since 1869 have there consistently been nine justices appointed to the Supreme Court. Before that, Congress routinely changed the number of justices to achieve its own partisan political goals, resulting in as few as five Supreme Court justices required by law under John Adams to as many as 10 under Abraham Lincoln. I did not know that, I learned that yesterday myself in researching this on the History Channel's website. All right. Arnold in Manhattan, you're on WNYC. Ready to play?

Arnold: Yes.

Brian Lehrer: Okay. This is going to be a bonus question out of that last one. Pete Buttigieg discussed on this show his proposal for expanding the Supreme Court in a bipartisan and non-partisan way to 15 justices, 5 would be appointed by Democrats, 5 by Republicans, who would appoint the other 5 justices under Buttigieg's plan?

Arnold: A bipartisan committee.

Brian Lehrer: Sorry, Arnold, that's not quite close enough. I'm going to give you all the answer. The answer is the other 10 justices would appoint the remaining 5. It's not something he's talking about as Transportation Secretary very much, but when he was running for president, and of course, we know all the reasons, we're not going to go over them again now, that there's talk of expanding the Supreme Court since nothing in the Constitution says nine justices.

He wanted to propose it as a moderate Democrat that he was running as in a way that would look really bipartisan. He said, "Democrats would appoint 5 justices, Republicans would appoint 5 justices, and then those 10 justices would appoint the remaining 5." Of course, it doesn't seem close to happening. Rosemary in Astoria, are you ready for a quiz question?

Rosemary: Yes, I am.

Brian Lehrer: The article of the constitution that established the Supreme Court is known as Article III. What did Articles I and II do? And hint. If you need a hint, it sounds like you need a hint. They comprise a set with Article III and Article III established the Supreme Court and the judicial branch.

Rosemary: Establish the Senate and the Congress.

Brian Lehrer: Well, I'm going to say close but not close enough. Let's try Sam in Hartsdale. Hi, Sam, you're on WNYC. Do you want to take a shot at that one? Did you hear it?

Sam: Hold on one second.

Brian Lehrer: Sam, do we have you? All right, I'm going to come back to Sam. That's all right. Cory in Manhattan, you're on WNYC. Cory, do we have you?

Cory: Yes, we do. The answer is the legislative branch, which is Congress, and the executive branch, which is the President.

Brian Lehrer: That's exactly right. Hang on Cory, we're going to take your address for a mug or a t-shirt. You can tell our screener your choice. That's right. That's the first three things in the Constitution essentially, Article I establishes the presidency, the executive branch. Article II establishes the legislative branch, Congress. Article III establishes the judicial branch, the courts, including the Supreme Court, and that's the basic separation of powers and balance of powers in the US Constitution; the executive branch, the judicial branch, and the legislative branch. Let's keep going. Cheryl in Brooklyn, you're on WNYC. Ready for a quiz question? Cheryl, are you there? Do we have Cheryl?

Cheryl: Yes.

Brian Lehrer: Hi, there. Supreme Court appointments are good for life. Within two years, what's the longest anyone actually ever served? Or, who was that longest-serving justice? Either thing will win you the prize. The longest that anyone ever actually served on the Supreme Court within two years, or who was that person, that longest-serving justice?

Cheryl: Oh. Ruth Bader Ginsburg?

Brian Lehrer: Is not right. Cheryl, thanks for giving it a try. Let's go to who was I trying to get on before who couldn't hear me? Was it Sam in Hartsdale? Hi, Sam. Do you have us now? Hi.

Sam: Yes, I do. Sorry.

Brian Lehrer: All right. The answer, by the way, to that question--

Sam: No, don't answer, I think I know it.

Brian Lehrer: Go ahead.

Sam: The timeframe within two years I would say is 32 years.

Brian Lehrer: Oh, you didn't have to answer that question, but you did and you were wrong. Now, I'm going to move on. Sam, thank you for trying. Listeners, as we invite you us contestants in the Supreme Court quiz, by the numbers, for just another few minutes at 212-433-WNYC. The answer is William O. Douglas, 36 years and 6 months. 36 years and 6 months was the longest that anyone has served on the Supreme Court. To date, it was Justice William O. Douglas. Jack in Monroe, New Jersey, are you ready for the next question?

Jack: Yes, I'm ready.

Brian Lehrer: Justice Douglas retired in 1975 and served those 36 and a half years, what President appointed him? You have 10 seconds to calculate the answer.

Jack: 36 years? FDR.

Brian Lehrer: FDR is right. There you win yourself a mug or a t-shirt. Do you want the mug or do you want the t-shirt?

Jack: I think I'm taking the t-shirt.

Brian Lehrer: He's taken the Brian Lehrer Show Peace Love and Brian Lehrer tie-dye t-shirt. Jack, hang on, we'll take your address off the air. Let's go to Elliot in Manhattanville. Elliot, you're on WNYC. You're ready for a question?

Elliot: I think I'm ready.

Brian Lehrer: All right. We established that Justice Douglas was the longest-serving Supreme Court Justice for 36 years and 6 months, who was the youngest person ever to take their seat on the Supreme Court? Or, how old were they within two years? Either one, who was the person or how old were they when they were seated as the youngest ever Supreme Court justice?

Elliott: Well, unless it was in the 18th century, I'm going to say that William O. Douglas was the youngest person.

Brian Lehrer: That is correct. Justice William O. Douglas. You already won, but bonus question. Do you know what age he was?

Elliott: What age Douglas was?

Brian Lehrer: Yes.

Elliott: I'm going to say 42.

Brian Lehrer: That would've been right too. Within two years, he was 40 when he was seated in 1939. It makes sense when you think about it. The person seated at the youngest age then became the longest-serving justice, so [crosstalk].

Elliott: I'll tell you a really good question if you want that you can ask other people. It's a quick question. It's who named the replacement for John Marshall as chief justice and/or who was the person?

Brian Lehrer: You give us the answer because I don't know.

Elliott: Andrew Jackson, the famous or racist, appointed Roger Taney as chief justice of the Supreme Court. Roger Taney who later wrote the decision saying that slavery was [unintelligible 00:11:13].

Brian Lehrer: Elliott, thank you very much. Let's give Elliott both things. He got both halves. He knew it was Justice Douglas the youngest, and he knew that Justice Douglas was within two years, he knew that he was 40 when he was seated, so Elliot gets both prizes. By the way, folks, as we wrap this up, since you're all wondering after that question, Amy Coney Barrett is 50, Ketanji Brown Jackson is 51, Justice Kavanaugh and Justice Gorsuch, the other two Trump appointees are the only other ones in their 50s. Justice Kagan, Justice Sotomayor, and Justice Roberts are on their 60s, and Justices Thomas and Alito are in their 70s. I knew you were wondering. That's our life by the numbers Supreme Court history quiz part two of our interview with Sonia Sotomayor coming up. Brian Lehrer on WNYC.

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