Court-Packing Quotes



The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.


This was FDR’s plan to “pack” the Supreme Court as it was the older justices who were voting against him. Many justices have been very productive even into their 80s. Although Roosevelt was arguably the most popular president in history and was elected for 4 terms, he was rebuffed on this attempt to alter the system of checks and balances.


The then Assistant Attorney General worked with the President to pack the Supreme Court, but advised against the appointment of a popular Senator who might be too conservative.