FDR ANNOUNCES "COURT-PACKING" PLAN
Washington, D.C. (JFK+50) On February 5, 1937, President Franklin D. Roosevelt announced a plan to increase the number of justices on the United States Supreme Court from nine to as many as fifteen. The President's proposal came after several of his New Deal programs were deemed unconstitutional by the high court.
The Judicial Procedures Reform Act of 1937 was to be held up in the Senate Judiciary Committee by Democratic chairman Henry F. Ashurst* for 165 days.
FDR wanted full retirement for justices over 70 years of age and if any refused to step down, they would be replaced by an 'assistant.'
In a "Fireside Chat," the President said the reform act was needed "to save the Constitution from the Court and the Court from itself."
Although the JPR Act was defeated soundly in the Senate, by 1942 only two Supreme Court justices were not FDR appointees.
JFK+50 NOTE
The original U.S. Supreme Court of 1789 had six justices. By the Judiciary Act of 1869, the number was increased and set at nine.
*Henry Fountain Ashurst (1874-1941) was born (in a covered wagon, no less) near Winnemucca, Nevada & graduated from the University of Michigan School of Law. HFA served in the U.S. Senate (D-Arizona) 1912-1941.
SOURCE
"FDR announces 'court packing' plan," This Day In History, February 5, www.history.com/
