Court-Packing Quotes
The comment was prompted by FDR’s attempt to “pack” the Supreme Court.
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.
of the Railroad Retirement Act. to expand the Supreme Court to fifteen justices
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.
OAC refers to Senator Ron Wyden’s call to ignore a ruling by a Texas judiciary (see linked quote) – saying the Biden administration should ignore the court. Also, see linked quote(s) for her criticism of the Trump administration in anticipation of them doing the same.
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.
In reference to the Supreme Court "packing" legislation proposed by President Roosevelt, Prof. Cushman wrote: