The Judiciary Act of 1789 September 24, 1789. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist…
Now, we need to look at the Constitution; Article 3, Section 1:
“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, …”
Since Congress was ordered to establish and clearly did establish the supreme court of the United States, as an inferior court, BECAUSE THE CONGRESS IS NOT COMMANDED TO ESTABLISH ANY OTHER COURT, the Supreme Court is an inferior court to the one supreme Court established by the Constitution. That court, the one supreme Court, has never sat.