176: FDR v. “The Nine Old Men” (The New Deal pt. 3): Court Packing and Closing the New Deal

History That Doesn't Suck

ProfGregJackson

Education, History, Society & Culture

4.5 • 5.1K Ratings

🗓️ 24 March 2025

⏱️ 66 minutes

🔗️ Recording | iTunes | RSS

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Summary

“No matter how great and good a man may be, executive aggrandizement is not safe for democracy.” This is the story of Franklin’s second term and his battle with the Supreme Court. It’s no secret that SCOTUS hasn’t really been ruling in the New Deal’s favor. But with such an overwhelming victory at the polls, Franklin feels confident that he can circumvent that by upping the number of judges from nine to fifteen and appointing people who see the vision. But what does the public make of it? What does Congress think? Is this court-packing plan a timely reform? Or is it a blatant disregard for the constitutional concept of checks and balances? It’s incredibly polarizing, so much so that members of Congress are willing to argue, filibuster, and even die over the bill. Literally. ____ Connect with us on HTDSpodcast.com and go deep into episode bibliographies and book recommendations join discussions in our Facebook community get news and discounts from The HTDS Gazette come see a live show get HTDS merch or become an HTDS premium member for bonus episodes and other perks. HTDS is part of Audacy media network. Interested in advertising on the History That Doesn't Suck? Contact Audacyinc.com To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

Transcript

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0:00.0	Welcome to History That Doesn't Suck.
0:01.8	I'm your professor Greg Jackson, and as in the classroom, my goal here is to make rigorously researched history come to life as your storyteller.
0:08.7	Each episode is the result of laborious research with no agenda other than making the past come to life as you learn.
0:14.4	If you'd like to help support this work, receive ad-free episodes, bonus content, and other exclusive perks,
0:19.8	I invite you to join the HTSM membership program.
0:22.6	Sign up for a seven-day free trial today at HTSPodcast.com slash membership, or click
0:27.9	the link in the episode notes.
0:42.8	It's Tuesday evening, February 2nd, 1937.
0:49.4	Likely seated at the Resolute Desk, President Franklin Delano Roosevelt is with close friends and associates in his oval-shaped study on the second floor of the White House,
0:53.8	later to be known as the Yellow Room, enjoying some cocktails.
0:57.0	Basically, they're pre-gaming before a formal White House dinner, which is pretty standard for Franklin and his crew.
1:04.0	But as the ice clinks and the libations pour, the atmosphere feels a touch more stifled than usual. See, tonight is the annual White House dinner for the judiciary,
1:14.6	attended by all the Supreme Court justices.
1:17.6	Well, all the justices other than Harlan Stone,
1:20.6	who's still recovering from an almost fatal illness,
1:22.6	and Louis Brandeis, who would rather catch a fatal illness than be out-socializing.
1:28.3	Anyhow, even dealing with seven of the quote-unquote nine old men,
1:33.3	as this oldest ever iteration of SCOTUS is known, is going to be awkward given the current tension
1:39.3	between the New Deal president and the oft-no-New Deal ruling Supreme Court.
1:43.3	Indeed, the New York Times reports that the Supreme Court has shot down the New
1:47.9	Deal in 11 out of 16 cases that it's heard.
1:51.8	And it's with that two times out of three losing record in mind that Franklin offers a toast.
	...

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