FDR Had an Insidious Plan for When Court-Packing Failed – Biden May Be Using it Right Now

FDR Had an Insidious Plan for When Court-Packing Failed – Biden May Be Using it Right Now


With relatively little support among moderate Democrats in Congress, the party’s effort to expand the size of the Supreme Court is well-nigh doomed to fail.

But the wheels of American history illustrate that merely rejecting an idea does not signify its defeat because, in some cases, what drives support for a political proposition is not its purpose but the motivations behind it.

For many Democratic lawmakers today, that could not be more true. Of course, their bitterness is misplaced. But it is likely that those spearheading support for today’s “reforms” to the Supreme Court have been seduced by the temptations of power.

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For one, their factional gripe should not be directed toward the Supreme Court, institutionally or in terms of individual justices. Their whinging should be fixated on their Republican colleagues in Congress, with whom they share legislative power.

This partisan anger lies predominantly in the ways by which justices have

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