1/2: #Bestof2021: Court-packing in the 21st Century; and what is to be done? @RichardAEpstein @HooverInst (Originally posted October 28,, 2021)
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1/2: #Bestof2021: Court-packing in the 21st Century; and what is to be done? @RichardAEpstein @HooverInst (Originally posted October 28,, 2021)
https://www.hoover.org/research/supreme-court-commission-comes-through
Richard A Epstein, @RichardAEpstein Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law School.
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| 0:00.0 | This is CBS I On The World. I'm John Bachelor. I welcome Professor Richard Epstein. |
| 0:10.3 | Senior fellow at the Hoover Institution, he teaches law at the University of Chicago and |
| 0:15.2 | NYU and we turn to Supreme Court History. It is called the Judicial Procedures Reform |
| 0:22.0 | Bill of 1937, remembered in history as court packing. This is during the second term of Franklin |
| 0:30.5 | Delano Roosevelt who won an overwhelming victory in the 1936 presidential election against |
| 0:37.0 | South London of Kansas. However, that victory in an era with rudimentary polling apparently |
| 0:44.8 | misled the supporters of FDR and the New Deal. There had been several disappointments in |
| 0:50.9 | the first term having to do with the ambition of the administration to correct the now called |
| 0:59.2 | great depression. At the time it was spreading worldwide and there was alarm all around the world. |
| 1:04.8 | We know of the catastrophes that were ahead of us in the 1940s. In the time, FDR and his new dealers |
| 1:13.5 | believed that the court was standing in their way led by a man named Charles Evans Hughes, |
| 1:18.8 | former Supreme Court associate justice, former governor of New York, former presidential candidate. |
| 1:25.4 | He lost in 1916 to Woodrow Wilson. And now the chief justice of the Supreme Court, FDR's |
| 1:34.8 | complaint was that the court was not catching up with all the work that was before it and it needed help. |
| 1:41.0 | It was called court packing. He wanted to grow the court so that it was said they could handle |
| 1:47.6 | all the details. Charles Evans Hughes pushed back on that saying we're doing fine. However, |
| 1:53.5 | it came to public opinion and also public opinion expressed in the dominant democratic house |
| 2:01.6 | and senate dominant overwhelming numbers. This is the New Deal. Richard, a very good evening to |
| 2:07.9 | FDR was not able to persuade the public and in fact after the setback of 1937, I believe his |
| 2:17.2 | advisors said that you misread 1936 and his popularity dipped a little during 1937 into 1938. |
| 2:27.1 | Here we are in the 21st century. Has Joe Biden learned from the events of 1937? Do you |
| 2:36.3 | see that evidence in the Biden administration? Good evening to you. |
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