Today in Supreme Court History: March 9, 1937

3/9/1937: President Roosevelt delivers a fireside chat on his Court-packing plan.

 

Comments

[Hugo S. Cunningham]

I mostly oppose SCotUS-packing, but the threat might be used to achieve a more acceptable result. For example, if Democrats are allowed to win the White House and Senate in 2028, they might feel aggrieved by the rushed replacement of liberal Ginsburg with conservative Barrett, when Obama's attempted replacement of the conservative Scalia with the liberal Garland had been blocked. They might offer Republicans a choice: either one of the two arch-reactionaries Thomas or Alito must resign (creating one vacancy to be filled by a Ginsburg liberal), or the same equilibrium could be restored by expanding the Court with two seats, both to be filled by liberals.