FDR wanted to expand the court. Why wasn't he able to? nt

[LAS14]

[The Velveteen Ocelot]

1. It's complicated.

https://en.wikipedia.org/wiki/Judicial_Procedures_Reform_Bill_of_1937

[BlueTsunami2018]

2. Because the bill failed.

Ironically, the Democrats hindered it more than anyone else.

[A HERETIC I AM]

8. The Democrats of 1937 weren't necessarily liberals.

[SharonAnn]

9. Especially the right-wing Dixiecrats, who are now Republicans

[backscatter712]

3. Congress has to pass a law to change the number of seats on SCOTUS.

And they refused to do that for FDR.

Though what FDR did pull off was to make the threat of packing SCOTUS near enough that SCOTUS had the Switch in time that saved nine. In other words, Justice Owen Roberts (not today's John Roberts) switched the direction of his rulings, and stopped striking down New Deal programs, and that switch in time turned SCOTUS a bit more progressive for a few decades.

[dalton99a]

7. +1. The threat alone was effective.

Basically it was "If you keep acting like obstructionist assholes, I WILL seek to dilute your power"

[backscatter712]

10. And I just had a random idea for gaming the system, assuming Biden and Dems win.

Once Biden takes office, and we have a majority in the Senate, we do it this way.

1. Nuke the filibuster so the GOP can't block.
2. First LOWER the number of justices in SCOTUS, say to 3. Give them a few days to pick which ones are thrown off the island (no, don't grandfather the existing justices, we're force-shrinking the court.) They'll probably throw off the liberal justices. But that's OK, because SCOTUS will only be three justices for one day. They'll have to throw a couple conservatives off the bus too.
3. After making the justices play Musical Chairs, NOW raise the number of justices to 15. Now you can really pack the fuck out of SCOTUS.

[W_HAMILTON]

4. Because his own Democrats held it up and the Court began to rule more favorably for Roosevelt...

...which made the issue ultimately moot.

[BigmanPigman]

5. I watched Ken Burns:The Roosevelts

and learned that he wanted to expand the courts and even his "lady friend" said not to do it...it would look bad "stacking the courts". However, in the long run, Roosevelt got the last laugh and was legally able to replace most of them during his 4 terms in office.

[Tom Traubert]

6. Read this

https://www.amazon.com/Supreme-Power-Franklin-Roosevelt-Court/dp/0393338819/ref=nodl_

It’s excellent.