Judiciary Reorganization Act: A Failed Lawmaking Attempt

In 1937, US President Franklin D. Roosevelt proposed a bill to expand the membership of the Supreme Court, allowing him to appoint an additional justice for every sitting justice over the age of 70, up to a maximum of six. The Judicial Procedures Reform Bill, also known as the court-packing plan, was an attempt to shape the ideological balance of the Court so that it would cease striking down his New Deal legislation. The bill faced immediate opposition in Congress due to concerns about its constitutionality and Roosevelt's failure to consult members of Congress before announcing the plan. It was also widely criticized as an unprecedented attack on judicial independence, with many Americans believing the high court was sacrosanct. The bill was ultimately defeated in the Senate, and Roosevelt lost significant political support for having proposed it.

The Judiciary Reorganization Act was seen as an attack on judicial independence

The Judiciary Reorganization Act, also known as the Judicial Procedures Reform Bill of 1937, was proposed by President Franklin D. Roosevelt to expand the membership of the Supreme Court. The law would have allowed the President to appoint an additional justice to the Court for each sitting justice over the age of 70, with a maximum of six additional justices. This would have allowed Roosevelt to shape the ideological balance of the Court, which had struck down several of his New Deal measures as unconstitutional.

The Act was seen as an attack on judicial independence by many, including members of Congress, legal scholars, and the public. Here are some reasons why:

• The Act would have given the President significant influence over the Supreme Court, potentially making the Court subordinate to the executive and legislative branches. This was viewed as a dangerous precedent that threatened the independence of the judiciary and the separation of powers.
• Roosevelt's proposal was seen as a politically motivated attempt to "pack" the Court with justices who would support his agenda. This was in response to the Court's conservative leanings and its history of striking down New Deal legislation.
• The Act was criticized for being unnecessary, as there were already mechanisms in place, such as impeachment, to remove judges who were deemed unfit to serve due to old age or other factors.
• The Act was seen as an attempt to centralize power in the executive branch and reduce the influence of the legislative branch. This raised concerns about the expansion of presidential power and the potential for autocratic dominance.
• Roosevelt's justification for the Act, which included improving efficiency and reducing the Court's caseload, was disputed. Some argued that the real motive was to change the Court's decisions and interpretation of the Constitution.
• The Act was introduced without prior consultation with members of Congress, further fueling accusations of a power grab and undermining its chances of success.

Roosevelt failed to consult Congress before announcing the bill

Franklin D. Roosevelt's Judiciary Reorganization Bill of 1937, also known as his "court-packing plan", was a legislative initiative to add more justices to the U.S. Supreme Court in order to obtain favourable rulings regarding his New Deal legislation that the Court had previously ruled unconstitutional. The bill would have allowed the President to appoint an additional justice to the U.S. Supreme Court for every sitting member over the age of 70, up to a maximum of six.

Roosevelt failed to consult Congressional leaders before announcing the bill, which stopped any chance of the bill passing in the House of Representatives. Hatton W. Sumners, the Democratic chair of the House Judiciary Committee, believed the bill to be unconstitutional and blocked its consideration. This forced Roosevelt to have the bill taken up in the Senate instead.

Roosevelt's failure to consult Congress before announcing the bill was not his only mistake. The bill was also criticised for being unconstitutional, undemocratic, and an attempt to impose a dictatorship. The bill was seen as an attack on judicial independence, with the Senate Judiciary Committee ultimately releasing a scathing report calling it "a needless, futile and utterly dangerous abandonment of constitutional principle... without precedent or justification".

Roosevelt's lack of consultation with Congress, combined with the bill's other issues, meant that it faced immediate opposition in Congress. This ultimately led to the bill's defeat and Roosevelt losing significant political support.

The bill was criticised for attempting to impose a dictatorship

The Judiciary Reorganization Bill of 1937, frequently called the "court-packing plan", was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order to obtain favourable rulings regarding New Deal legislation that the Court had ruled unconstitutional. The bill would have allowed the President to appoint one new, younger judge for each federal judge with 10 years of service who did not retire or resign within six months of reaching the age of 70, with a maximum of six additional Supreme Court justices.

The bill was widely criticised for attempting to impose a dictatorship. In the Senate, Burton K. Wheeler proposed an amendment to the bill for a two-chamber legislative veto of any reorganization plan and a 60-day waiting period before its implementation. The amendment was defeated by four votes. Roosevelt's plan was seen as an attack on judicial independence, with the Senate Judiciary Committee releasing a report that stated:

> The bill is an invasion of judicial power such as has never before been attempted in this country. [...] It is essential to the continuance of our constitutional democracy that the judiciary be completely independent of both the executive and legislative branches of the government.

The report also stated that the bill was:

> [A] needless, futile and utterly dangerous abandonment of constitutional principle... without precedent or justification.

The bill was also criticised for attempting to subordinate the judiciary to the President and Congress, with the committee's report stating:

> [The bill] would subjugate the courts to the will of Congress and the president and thereby destroy the independence of the judiciary, the only certain shield of individual rights.

The bill was further criticised for attempting to centralise the federal judiciary and expand political control over the judicial department. The report stated that the bill:

> [T]ends to centralize the federal district judiciary by the power of assigning judges from one district to another at will [and] tends to expand political control over the judicial department by adding to the powers of the legislative and executive departments respecting the judiciary.

The bill was tabled in the House, which saw it as a Roosevelt power grab

The Judicial Procedures Reform Bill of 1937, frequently called the "court-packing plan", was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court. The central provision of the bill would have granted the president the power to appoint an additional justice to the U.S. Supreme Court, up to a maximum of six, for every member of the court over the age of 70 years. Roosevelt's motive was clear: to shape the ideological balance of the Court so that it would cease striking down his New Deal legislation.

The bill was met with widespread criticism and was seen as a blatant power grab by Roosevelt. In the House of Representatives, the Democratic chair of the Judiciary Committee, Hatton W. Sumners, believed the proposal was unconstitutional and blocked its consideration, requiring Roosevelt to have it taken up in the Senate. The bill was tabled in the House, which saw it as a Roosevelt power grab, and this ultimately led to its failure.

The bill faced opposition from members of Roosevelt's own Democratic Party, who believed it to be unconstitutional. Vice President John Nance Garner expressed disapproval of the bill, and many Democrats, including Garner, opposed it. The bill was also criticised for attempting to subordinate the judiciary to the executive and legislative branches, thereby destroying the independence of the judiciary. This was seen as a dangerous attack on the American system of government, which is based on a separation of powers and checks and balances.

The bill's failure exposed the limits of Roosevelt's ability to push forward legislation through direct public appeal and resulted in a significant loss of political capital for the president.

The bill was blocked by the Democratic chair of the House Judiciary Committee

The Judiciary Reorganization Bill of 1937, also known as the Judicial Procedures Reform Bill of 1937 or "court-packing plan", was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court. The bill would have allowed the President to appoint an additional justice to the U.S. Supreme Court, up to a maximum of six, for every member of the court over the age of 70 years.

The bill faced immediate opposition in Congress due to concerns about its constitutionality and Roosevelt's failure to consult members of Congress before announcing the plan. In the House of Representatives, the Democratic chair of the Judiciary Committee, Hatton W. Sumners (or Summers), believed the proposal was unconstitutional and essentially blocked its consideration. Sumners refused to endorse the bill and actively worked to block it within his committee, chopping it up to prevent its chief effect of Supreme Court expansion.

Sumners' actions meant that the bill had to be taken up in the Senate, where it faced further opposition. The bill's opponents in the Senate engaged in lengthy Judiciary Committee hearings, ultimately releasing a scathing report that stands as one of the most vigorous defences of judicial independence in American history. The report accused Roosevelt of dishonesty, arguing that he wanted to change the decisions of the Court and make it subordinate to the President and Congress. It also asserted that the bill was a dangerous attack on judicial independence and set a dangerous precedent.

The bill was further undermined by the death of its chief advocate in the Senate, Senate Majority Leader Joseph T. Robinson, and the fact that many members of Roosevelt's own Democratic Party believed it to be unconstitutional. Ultimately, the bill failed to pass and Roosevelt lost significant political support as a result of having proposed it.

Frequently asked questions