1937 Democrats Had the Best Response to Court-Packing

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President Franklin Roosevelt delivers a fireside chat from the White House, 1933 (National Archives)

FDR’s Court-packing scheme, wrote the Democrat-controlled Senate Judiciary Committee in 1937, “is a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.”

Today, modern progressives, intent on centralizing state power and nullifying constitutional protections for the minority, disagree. After spending four years delegitimizing the Supreme Court, they’ve convinced Joe Biden to create the “Presidential Commission on the Supreme Court,” which is another step in normalizing the idea of packing the Supreme Court.

It’s worth noting that even Justice Stephen Breyer warned that “alteration motivated by the …


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