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No. President Andrew Johnson nominated Henry Stanbery to the seat vacated by John Catron, after Catron's death in 1865. The Senate tabled the nomination, then eliminated Catron's former position on the bench, leaving the Supreme Court with eight justices, in order to prevent Johnson from appointing a someone to the Court.

Johnson was a Democrat from the Confederate state of Tennessee. He himself opposed secession, thus Lincoln placed him on the Presidential ticket in 1864.

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