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Chapter 11 - The Court-Packing Plan

from Section C: Crisis

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

FDR responded to the Court’s 1935-36 decions with a plan to “pack” the Court by expanding its membership. The chapter recounts the development and eventual rejection of the Court-packing plan. As the plan was under consideration, several developments contributed to its failure: Overruling earlier decisions, the Court upheld a Washington minimum wage statute, Congress adopted a more generous pension program for Supreme Court justices, and Justice Willis Van Devanter announced his retirement. Meanwhile the Court continued to hand down relatively routine decisions that showed that administration’s attacks were not yet affecting its jurisprudence.

Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 250 - 269
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Court-Packing Plan
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.013
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  • The Court-Packing Plan
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.013
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Court-Packing Plan
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.013
Available formats
×