The fascinating, behind-the-scenes story of Franklin Roosevelt’s attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority. The Supreme Court has generated many dramatic stories, none more so than the one that began on February 5, 1937. Franklin Delano Roosevelt, confident in his recent landslide reelection and frustrated by a Court that had overturned much of his New Deal legislation, stunned Congress and the American people with his announced intention to add six new justices. Even though the now-famous “court packing” scheme divided his own party, almost everyone assumed FDR would get his way and reverse the Court’s conservative stance and long-standing laissez-faire support of corporate America, so persuasive and powerful had he become.
