Rick Perry has "stepped in it" again.

While striking out against what he calls "activist judges" in an interview with the editorial board of the Des Moines Register, the Texas governor and presidential candidate forgot how many justices sit on the Supreme Court and then forgot the name of one of its most recent appointees - Sonia Sotomayor.

"When you see his appointment of two, from my perspective, inarguably activist judges whether it was, uh...um..not Montemayor," Perry said.

Perry paused for a few seconds and then one member of the board chimed in "Sonia Sotomayor?'

Perry took her prompt and continued on, "Sotomayor, Sotomayor and Kagan are both activist judges. I mean, I would suggest to you that is an example of my concern about, I believe the Supreme Court should not be making legislative decisions and telling Americans how to live whether it's about prayer in school, whether it's you can celebrate Christmas. Those are decisions that should be left to the states or to the individuals."

Moments later in an argument about prayer in school, Perry flubbed how many other members sit on the highest court with Justice Sotomayor.

"The issue is that for Washington to tell a local school district that you cannot have a prayer and a time of prayer in that school I think is offensive to most Americans. I trust the people of the states to make those decisions, I trust those independent school district to make those decisions better than eight unelected, and frankly unaccountable judges."

There are nine members of the Supreme Court. They are nominated by the president and then confirmed by the Senate.

Perhaps Perry can argue he wants to scale back the size of the Supreme Court too.