Points to Ponder

President vs. Supreme Court

Recent comments from President Obama regarding the pending decision from the Supreme Court on the National Health Care legislation, and his comments from the recent past on the Citizens United decisions have created more than a smattering of backlash.  The health care decision will certainly impact debates on the way to the November general election, but these kinds of challenges to the Court on major legislation are not new.

No president had greater influence and greater conflict with the Supreme Court than Franklin Roosevelt who, during his extended tenure, appointed a total of 8 Supreme Court Justices. Roosevelt’s New Deal legislation was controversial at the time and much of it was challenged and wound up at the Supreme Court during his first term (1932-36).  Legislation often failed in a court dominated by the opposition Republicans and Roosevelt then called them “Nine Old Men out of touch”.  His remedy was to push through legislation that would actually give him the right to appoint one new judge at will for any serving Justice over 70 years of age.  That would have given him 6 immediate personal appointments. The bill was quickly labeled “The Court Packing Plan of 1937.”

Highly controversial from the start, this bill was proceeding through the Senate when one of its avid proponents died and it never made it to a full vote. However, the negative publicity created by the intent reflected badly on Roosevelt for years to come.  Fate then gave the President the ability to realign the Court as deaths and resignations came rapidly from 1937-43.  8 appointments were made that set the tone of the Court for well into the 1960s.   

Roosevelt hoped his nominations would be helpful in getting legislation through and often by-passed some personal traits if he felt he was getting a friendly face in the mix.

In the early days of his second term he wanted to ramp up his efforts after suffering some setbacks with legislation being declared unconstitutional.  Gambling, he “put it all on Black” - - Hugo Black that is, as his first appointment in August 1937.  Despite the fact that Black had a history with the Ku Klux Klan, the Senate confirmed him even after two Democrats argued against his appointment.  In the end he was confirmed with six Democrats and 10 Republicans voting against confirmation.  Roosevelt’s next appointment was Stanley Reed in 1938.  Reed was the last Supreme Court Justice to serve that did not have a law degree.

Six other appointments and confirmations followed that included well respected and long serving names like William O. Douglas and Felix Frankfruter.

However, those appointments did not guarantee automatic support for every Roosevelt concept.  Many believe the Court Packing Plan was the darkest hour for this otherwise revered President.

Jim Foster,

Editor/Publisher