WI: FDR doesn't propose the "Court-Packing Plan"

It would certainly have consequences for Lyndon Johnson's career - Johnson based his first campaign for the House on wholehearted support for Roosevelt and his court plan, which set him apart in the crowded Democratic primary. With his political skill he may have won anyway or entered national politics at a later date, but it was court-packing that gave him his first leg up. No Johnson in Congress leads to huge butterflies.
 

Wallet

Banned
Then the Court will overturn more of FDR's agenda. He was sick of them so he proposed the court packing plan. Although it didn't work it put the fear of god in all the justices and they work against FDR as much afterwards. They were truly scared that he would take their power
 
The court-packing plan in OTL did much to crystalize the "conservative coalition" of Republicans and (mostly southern) conservative Democrats that was to hamstring the New Deal for the remainder of FDR's years in office and
afterwards. I stated in a soc.history.what-if post some years ago that "that coalition would have eventually formed anyway. The near-unanimous support FDR got from Congressional Democrats under the emergency conditions of 1933 could not be sustained forever." I still think this is true, especially since the 1937-8 recession would weaken FDR's hand, yet without the bitterness of the court-packing fight, even conservative Democrats might be more willing to compromise with the administration. Furthermore, the court-packing fight was one major reason for FDR's subsequent blunder of the attempted "purge" of anti-New Deal Democrats in 1938, which further embittered conservative
Democrats and perhaps led to the New Dealers losing more heavily in the 1938 election than they would otherwise have done.
 
https://en.m.wikipedia.org/wiki/The_switch_in_time_that_saved_nine

After the Court Packing Plan failed, Conservative Justice Owens started voting with the 4 liberal judges to prevent any more attempts by FDR to take Supreme Court power

As that article indicates, Owen Roberts had indicated his willingness to overrule *Adkins* before FDR announced the plan. Anyway, Van Devanter and Sutherland would have retired once Congress passed legislation that allowed them to do so on full pay, so the liberals would get a majority on the Court no matter how Roberts voted.
 
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kernals12

Banned
Then the Court will overturn more of FDR's agenda. He was sick of them so he proposed the court packing plan. Although it didn't work it put the fear of god in all the justices and they work against FDR as much afterwards. They were truly scared that he would take their power
And it's a good thing they did. The Supreme Court for the past 30 years had been wildly overstepping its authority and usurping congress' constitutional authority.
 

CalBear

Moderator
Donor
Monthly Donor
And it's a good thing they did. The Supreme Court for the past 30 years had been wildly overstepping its authority and usurping congress' constitutional authority.
Made the wrong turn. Chat is down at the bottom of the Board. That is where current politics is discussed
 
As that article indicates, Owen Roberts had indicated his willingness to overrule *Adkins* before FDR announced the plan. Anyway, Van Devanter and Sutherland would have retired once Congress passed legislation that allowed them to do so on full pay, so the liberals would get a majority on the Court no matter how Roberts voted.

So, given what was stated, FDR would still get his majority within the Court, but no court-packing could help him save face?
 
Then the Court will overturn more of FDR's agenda. He was sick of them so he proposed the court packing plan. Although it didn't work it put the fear of god in all the justices and they work against FDR as much afterwards. They were truly scared that he would take their power
This. OTL FDR's court packing plan achieved its main objective despite failing. The Supreme Court was scared by the proposal and was much more complaisant after that.
 
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