5 Comments

Interesting bit of history. Few talk about the Sumners-McCarran Act of 1937. It enabled Supreme Court justices to get a pension. Van Devanter retired right after it took effect. The irony was that McCarran strongly opposed the court-packing plan, and earned FDR's ire for it, but he helped him get rid of some of the justices!

Expand full comment
author

That was passed not long after FDR's announcement, right? I don't know anything about the legislative history behind it.

Expand full comment

Yes.

Expand full comment

Excellent summary. Thank you. There is so much work to be done educating the public not only on how horrific a turn the Court has taken but that they can actually do something about it. I gently cautioned a democratic influencer on Instagram to not use the terms "pack the court" for what we need to do to unscrew what Roberts has screwed up. The other side has used language masterfully for too long to beat us with a stick (tough on crime, all lives matter, pro-life and anti-woke). I like your use of UNpack the court. It sets the narrative on what they have already done.

Expand full comment

My view is that the number of Justices on the Supreme Court should be expanded to equal the number of appellate districts currently plus the Appellate Court for the District of Columbia. IIRC that would be twelve. In the past, each SC Justice had to actually go to the district that he was responsible for and hear cases. Could you imagine these Justices doing that?

Expand full comment