Precedents

February 5, 1937


The plan would have allowed the president to nominate an additional justice whenever one over age 70 did not resign, until the court had 15 members. And it just so happened that six of the nine justices were already over 70.

The proposal was roundly denounced, going down to defeat in Congress. But soon the court began upholding New Deal programs, muting calls for its radical restructuring. Seven justices left the bench over the next four and a half years, allowing Roosevelt to remake the court through traditional means.

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