Tuesday, July 30, 2024

Biden's Court Plan Brings to Mind FDR's Court-Packing Scheme

Wanting to continue appearing relevant, lame-duck President Biden has come up with a plan to reform the Supreme Court.

His plan brings to mind the infamous court-packing scheme that was proposed by President Franklin Roosevelt during the 1930s.

Although FDR failed to get Congress to enact his plan, he ended up accomplishing what he set out to accomplish - a Supreme Court that would end up supporting, on a permanent basis, the welfare state and regulated economy that FDR foisted on the American people and that remains with us to this day.

As far as he was concerned, he knew what was necessary to extricate the United States from the Depression and, from his standpoint, the Supreme Court was interfering with his plan for America's economic recovery.

FDR proposed a court-reform plan that would add a new justice to the Supreme Court for every justice who was over 70 years of age.

After FDR's court-packing scheme went down to defeat, a justice named Owen Roberts made it clear that he would no longer vote with the Four Horsemen, which pretty much ensured that FDR would have his way with the Court.

Roberts's decision became known as the "Switch in time that saved nine." In the 1937 case of West Coast Hotel v. Parrish, the Supreme Court pretty much made it clear that it would never again declare any socialist or fascist economic program unconstitutional. 

https://www.fff.org/2024/07/29/bidens-court-plan-brings-to-minds-fdrs-court-packing-scheme/

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