The Court-Packing Plan: February 5, 1937

On February 5, 1937, President Franklin D. Roosevelt introduced a controversial proposal to reform the United States Supreme Court, commonly referred to as the “court-packing plan.” This initiative was officially known as the Judicial Procedures Reform Bill of 1937. The proposal aimed to expand the number of justices on the Supreme Court, allowing the President to appoint an additional justice for every sitting justice over the age of 70 who chose not to retire, up to a maximum of six additional justices.

Context and Background

The backdrop to this proposal was the New Deal, a series of programs and reforms initiated by Roosevelt in response to the Great Depression. Many of these New Deal measures faced significant legal challenges and were struck down by the Supreme Court, which at the time had a conservative majority. Notably, the Court invalidated key pieces of New Deal legislation, such as the National Industrial Recovery Act and the Agricultural Adjustment Act, which Roosevelt believed were essential for economic recovery.

Key Aspects of the Proposal

• Increase in Justices: The plan proposed increasing the number of Supreme Court justices from nine to as many as fifteen.
• Age Consideration: It targeted justices over the age of 70, suggesting that those who did not retire would be supplemented by new appointees.
• Judicial Efficiency: Roosevelt argued that the plan was intended to improve the efficiency of the Court, which he claimed was overburdened and unable to keep up with its caseload.

Reaction and Consequences

• Political Opposition: The proposal faced immediate and intense opposition from both Republicans and many Democrats, who viewed it as an attempt to undermine the judiciary’s independence and upset the balance of power among the branches of government.
• Public Opinion: Public reaction was mixed, with significant concern over the potential for executive overreach.
• Senate Rejection: Ultimately, the Senate Judiciary Committee, led by Democrats, rejected the plan, and it never came to a vote in the full Senate.

Aftermath and Historical Significance

• Judicial Shift: Despite the failure of the court-packing plan, the Supreme Court began to shift its stance, upholding several New Deal measures in subsequent rulings. This change was partly due to the retirement of some justices and the appointment of new ones by Roosevelt.
• Long-term Impact: The episode highlighted the tension between the executive and judicial branches and underscored the importance of judicial independence. It remains a significant example of the challenges faced by presidents in implementing sweeping reforms.

Roosevelt’s court-packing plan is often cited in discussions about the balance of power within the U.S. government and the potential risks of altering the structure of the judiciary for political gain.