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The “Court Packing” Plan — On This Day in 1937, FDR Proposes to Reorganize the Supreme Court

In November 1936, Franklin D. Roosevelt proposed to reorganize the federal judiciary by adding a new justice each time a justice reached age seventy and failed to retire. In this manner, the influence of older justices, including a number of conservatives, could be superseded by younger Roosevelt appointees supportive of the New Deal.

FDR’s “Court Packing Plan” was a response to a Supreme Court that was increasingly unwilling to support New Deal legislation.  Upon announcement, it was widely opposed by the public, the press, and Congress.  However,  the Supreme Court did reverse course and began to uphold New Deal legislation.  Read More at the Presidential Timeline

-from the FDR Library

Images: 1937 Supreme Court photo.  L to R Standing: Owen J. Roberts, Pierce Butler, Harlan Fiske Stone, Benjamin Cardozo; L to R Sitting: Louis D. Brandeis, Willis VanDevanter, Charles Evans Hughes, Hames McReynolds, George Sutherland.

A page from FDR’s reading copy of the Fireside Chat announcing the Supreme Court reorganization plan. 3/9/37.