Description

In the past few years liberals concerned about the prospect of longterm conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s court packing Todays court packing advocates have run into a wall of opposition with most citing the 1930s episode as one FDRs greatest failures In early 1937 Rooseveltfresh off a landslide victorystunned the country when he proposed a plan to expand the size of the court by up to six justices Today that scheme is generally seen as an instance where FDR failed to read Congress and the public properly

In FDRs Gambit legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded While scholars have portrayed the Court Bill as the illfated brainchild of a President made overbold by victory Kalman argues that acumen not arrogance accounted for Roosevelts actions FDR came close to getting additional justices and the Court itself changed course As Kalman shows the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy

FDRs Gambit offers a novel perspective on the longterm effects of court packing