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The Judicial Procedures Reform Bill of 1937, [1] frequently called the "court-packing plan", [2] was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order to obtain favorable rulings regarding New Deal legislation that the Court had ruled unconstitutional. [3]
The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt. New York, NY: Oxford University Press. ISBN 978-0-19-511131-6. McKenna, Marian C. (2002). Franklin Roosevelt and the Great Constitutional War: The Court-packing Crisis of 1937. New York, NY: Fordham University Press. ISBN 978-0-8232-2154-7. Philips, Michael J. (2001).
The court had also struck down the National Industrial Recovery Act in Schechter Poultry Corp. v. United States 295 U.S. 495 (1935) the previous May. Though the latter decision was unanimous, Cardozo did not join the opinion for the court (written by Hughes and joined by Brandeis, Roberts, and the Four Horsemen), and wrote a separate ...
The Lochner era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". [1]
The Court is subject to some checks, if it clashes intensely with the other branches of government: proposals for term limits or court expansion can get its attention and encourage it to think ...
The court packing fight cost Roosevelt the support of some liberals, such as Montana senator Burton K. Wheeler. [167] and commentator Walter Lippmann. [168] In early 1937, while the debate over the Judicial Procedures Reform Bill of 1937 continued, the Supreme Court handed down its holding in the case of West Coast Hotel Co. v. Parrish. In a 5 ...
FDR learned that from the failure of his court-packing scheme, which aimed to produce and solidify a liberal bench, but which almost brought the entire New Deal to a screeching halt.
While the debate over the court-packing plan continued, the Supreme Court upheld, in a 5–4 vote, the state of Washington's minimum wage law in the case of West Coast Hotel Co. v. Parrish. Joined by the Three Musketeers and Roberts, Hughes wrote the majority opinion, [105] which overturned the 1923 case of Adkins v. Children's Hospital. [106]