Supreme Court Justice Samuel Alito Tuesday evening said that the nation’s highest court is capable of functioning without an immediate replacement for his late colleague, Antonin Scalia.
“There’s nothing in the Constitution that specifies the size of the Supreme Court,” Alito told listeners at Georgetown University in Washington, D.C., according to The New York Times.
“There were times in the history of the court when the court had an even number of justices. They must have been more agreeable in those days. We will deal with it.”
Alito said that the court is still reeling from Scalia’s sudden death, which left an evenly split eight justices.
“What’s happened in the last week has been a great shock to us,” he said. “We just started back in business hearing arguments yesterday. We’ll see what develops.”