court-packing plan
Quick Summary
"Court-packing" refers to the practice of increasing the number of justices on a court, particularly the U.S. Supreme Court, to shift its ideological balance. The U.S. Constitution grants Congress the power to determine the number of justices, and this number has varied historically, though it has been set at nine since 1869.12
A notable instance occurred in 1937 when President Franklin D. Roosevelt proposed a plan to add a new justice for every justice over the age of 70. This was seen as a maneuver to gain more favorable rulings on his New Deal legislation, which the Supreme Court had previously struck down. Roosevelt's plan was met with significant opposition and was ultimately defeated in Congress, marking his first major legislative setback.32
More recently, in 2024, Senator Ron Wyden introduced a bill that would expand the Supreme Court from nine to 15 justices over 12 years, which was also described as a court-packing scheme. Such proposals often spark debate about the politicization of the judiciary.42
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New DealThe Second New Deal…1937 a reorganization of the Court. This proposal met with vehement opposition and ultimate defeat, but the Court meanwhile ruled in favour of the remaining contested legislation.
Read More…1937 a reorganization of the Court. This proposal met with vehement opposition and ultimate defeat, but the Court meanwhile ruled in favour of the remaining contested legislation.
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United StatesThe second New Deal and the Supreme Court…public support, fought the so-called court-packing plan.
Read More…public support, fought the so-called court-packing plan.
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Charles Evans HughesChief justice…1937 Roosevelt proposed to “pack” the Supreme Court by appointing a new (and presumably liberal) justice to offset each sitting justice over the age of 70 who refused to retire; Hughes played a leading role in defeating the plan. Hughes successfully persuaded Justice Owen Roberts to switch his vote…
Read More…1937 Roosevelt proposed to “pack” the Supreme Court by appointing a new (and presumably liberal) justice to offset each sitting justice over the age of 70 who refused to retire; Hughes played a leading role in defeating the plan. Hughes successfully persuaded Justice Owen Roberts to switch his vote…
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Franklin D. RooseveltSupreme Court fight…reform legislation, Roosevelt proposed a reorganization plan that would have allowed him to appoint one new justice for every sitting justice aged 70 years or older. Widely viewed as a court-packing scheme (even by Roosevelt’s supporters), the reorganization bill provoked heated debate in Congress and eventually was voted down, which…
Read More…reform legislation, Roosevelt proposed a reorganization plan that would have allowed him to appoint one new justice for every sitting justice aged 70 years or older. Widely viewed as a court-packing scheme (even by Roosevelt’s supporters), the reorganization bill provoked heated debate in Congress and eventually was voted down, which…
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