The Least Dangerous Branch? · Episode 8 of 13 · 46 min
Court-Packing and the Switch in Time: Why the Court Has Nine Justices
The Constitution does not fix the Court's size, and Congress changed it several times before 1869, often for political advantage. In 1937 Franklin Roosevelt openly tried to add up to six Justices. The plan collapsed amid backlash from his own party, yet the Court shifted anyway, the so-called 'switch in time that saved nine.'
Who's who
- Franklin D. Roosevelt+28 more episodesPresident who proposed enlarging the Court in 1937
- Charles Evans Hughes+1 more episodeChief Justice who defended the Court
- Owen J. Roberts+1 more episodeSwing Justice at the center of the 'switch in time'
- Willis Van DevanterConservative Justice whose retirement drained urgency from the plan
- Henry F. AshurstSenate Judiciary chair who helped bury the bill
- Burton K. Wheeler+1 more episodeDemocratic senator leading opposition within FDR's party
Timeline
- 1789Judiciary Act sets the Court at six Justices.
- 1869Judiciary Act fixes the number at nine.
- February 5, 1937Roosevelt announces the Judicial Procedures Reform Bill.
- March 29, 1937West Coast Hotel v. Parrish upholds minimum-wage regulation, 5-4.
- May 18, 1937Van Devanter announces his retirement.
- June 1937Senate committee report calls the plan 'utterly dangerous'; the bill collapses.
Still debated
Historians dispute whether the plan caused the Court's shift, since Roberts voted to uphold the Washington law in December 1936, before it was announced. Whether FDR won or lost, and whether 1937 set a lasting norm against court-packing, is also argued.
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