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3 results

  • Chapter 11 - The Court-Packing Plan

  • from Section C: Crisis
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book:
    The Hughes Court
    Published online:
    13 January 2022
    Print publication:
    03 February 2022, pp 250-269

  • Summary

    FDR responded to the Court’s 1935-36 decions with a plan to “pack” the Court by expanding its membership. The chapter recounts the development and eventual rejection of the Court-packing plan. As the plan was under consideration, several developments contributed to its failure: Overruling earlier decisions, the Court upheld a Washington minimum wage statute, Congress adopted a more generous pension program for Supreme Court justices, and Justice Willis Van Devanter announced his retirement. Meanwhile the Court continued to hand down relatively routine decisions that showed that administration’s attacks were not yet affecting its jurisprudence.