How many new justices did President Roosevelt want to add to the US Supreme Court?

Answer 1

Franklin D. Roosevelt didn't like the Supreme Court he inherited, referring to them as "The Nine Old Men" when they frustrated his attempts at enacting certain New Deal legislation. Even the more liberal members of the Court, such as Brandeis, Stone and Cardozo opposed many of Roosevelt's ideas, believing they unconstitutionally conferred too much power on the President.

In 1937, Roosevelt devised a plan to dilute the power of the Supreme Court by proposing a sweeping reorganization of the federal judiciary, including the number of justices on the bench. Under Roosevelt's plan, one new justice would be nominated to the Court for each sitting justice over the age of 70.5, to a maximum of six justices (the Court could have swelled to 15). Coincidentally, the Supreme Court had exactly six justices in the age range the President targeted. Roosevelt intended to select nominees who favored the New Deal plans, virtually ensuring his legislation would be held constitutional.

Congress quickly stripped what became known as the "court-packing plan" from the proposed legislation. The Supreme Court became more cooperative, and Roosevelt ultimately had an opportunity to replace eight justices due to their retirement and death.


For more information about President Roosevelt and the US Supreme Court, see Related Questions, below.

Answer 2

Roosevelt's 1937 plan called for adding one new justice for each sitting justice over the age of 70.5, up to a maximum of six. Coincidentally, the Supreme Court happened to have exactly six justices who fell within the President's targeted age range.

For more information, see Related Questions, below.