Most agree that the Court packing plan was one of his biggest blunders but could he have managed a more balanced plan.
Suppose he proposes the plan (one new justice for each over 70) but with the following terms
1. Only one appointment per year starting in July 1938 (the idea being after end of a session) and no appointment in a Presidential Election year.
2. If a Justice over 70 retires and there is already an over 70 Justice (appointed by the incumbent President) serving then no new appointment until all over 70 replacements have been "phased in".
So FDR would only appoint 2 Justices (1938 and 1939), the President elected in 1940 would appoint 3 (1941, 1942, 1943) and the 6th would potentially be appointed in 1945.
This would deflect a lot of the power grabbing claims and FDR really only needed 1 or 2 appointments to swing things anyway
Thoughts ?
Suppose he proposes the plan (one new justice for each over 70) but with the following terms
1. Only one appointment per year starting in July 1938 (the idea being after end of a session) and no appointment in a Presidential Election year.
2. If a Justice over 70 retires and there is already an over 70 Justice (appointed by the incumbent President) serving then no new appointment until all over 70 replacements have been "phased in".
So FDR would only appoint 2 Justices (1938 and 1939), the President elected in 1940 would appoint 3 (1941, 1942, 1943) and the 6th would potentially be appointed in 1945.
This would deflect a lot of the power grabbing claims and FDR really only needed 1 or 2 appointments to swing things anyway
Thoughts ?