Wednesday, March 27, 2019

Recalling an Old-Fashioned Court Packing Drama

The ensuing battle, in which Roosevelt sought to remake the court to render it more hospitable to his thinking, consumed American politics for 168 days.

When FDR's chief defender, Senate majority leader Joe Robinson, died in his bed of a heart attack, the president's court packing scheme died with him.

The Warren Court demonstrated its activist sensibility chiefly in the areas of civil rights, civil liberties, judicial power, and federal power.

In any event, this brief history, starting with the conservative court that so rankled Franklin Roosevelt, demonstrates that the American republic has survived these swings in the court's general political outlook.

Roosevelt ultimately got the court he wanted even after his blatant power grab was thwarted.

Now a conservative court might be just what's needed to check the burgeoning power of the executive branch and the unelected managerial mandarins of the government and to thwart the judicial activism of the lower federal courts.

Many liberals, including some of the announced or putative Democratic candidates for president, have been flirting with the idea of a new court packing scheme of their own.

https://www.theamericanconservative.com/articles/168-days-recalling-an-old-fashioned-court-packing-drama-fdr/

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