Thread by @bsb1945

Since it appears many of the historians that typically rush to launch anti-conservative threads are silent on debunking this "court packing" lie that Biden is spinning, I'll take this one on.

Let's talk about Franklin Roosevelt and what "court packing" really is. THREAD 1/

After winning Congress and the WH in 1932, FDR led Democrats on a blazing array of new legislation meant to stave off the effects of the Great Depression. This is what we refer to as the New Deal.

Republicans didn't have the votes to block it. The Court, however... 2/

The Supreme Court had been filled with a conservative majority by Republicans. In a number of major cases, like FDR's industrial recovery program (NIRA) and the agricultural recovery program (AAA), the Court ruled that the New Deal was unconstitutional. This infuriated FDR. 3/

By 1936, SCOTUS had ruled against the New Deal in 7 of 9 major cases, and there were no signs of the Court relenting. Plus, there were no vacancies in FDR's first term.

So when FDR won a historic electoral landslide in 1936, he took this as a mandate to fix his court problem 4/

With challenges to the Wagner Act (labor union rights) and Social Security pending in the court, FDR launched a clumsy "reform" plan to enlarge the Supreme Court. 5/

FDR proposed adding up to six new justices to the Supreme Court, one for each sitting justice who was over 70 years old. He's reasoning was that the aging justices were getting behind on their work and needed assistance.

This was "court packing." 6/

Americans, including many in FDR's own party saw this for what it was: a brazened political scheme to pack the court with enough friendly votes to neutralize the "check and balance" power of the Supreme Court. 7/

Despite vocal opposition from both parties, FDR still tried to push his "court packing" plan through Congress, as he had easily done with so much New Deal legislation.

The Senate overwhemingly voted it down on July 22, 1937. 8/

To FDR's relief, Willis Van Devanter (a conservative appointed by President Taft) resigned in the summer of 1937, giving Roosevelt the chance to make his first of many appointments.

He nominated Hugo Black of Alabama. 9/

Yet, the damage was done to FDR's credibility. His party was fractured, the economy crashed again, and Dems lost significant ground to the GOP in 1938 midterm.

Most of all, these political maneuvers permanently ended the expansion of the New Deal. 10/

Following the death of Justice Ginsberg in September, House Democrats resurrected the issue of court packing, suggesting retaliation if the GOP used its constitutional powers to nominate and approve a replacement. 11/
cnn.com/2020/09/22/pol…

While Harris told the New York Times that she was "absolutely open" to discussing expanding the number of justices on the Supreme Court.

Biden, however, has repeatedly avoided the question. 12/

Today, Biden asserted that voters "don't deserve" to know his plan concerning court expansion. He then insisted that it was the Republicans who were court packing.

No, Mr. Biden. It is you whose party is toying with undermining the Supreme Court. End/
forbes.com/sites/andrewso…