The Great Depression, the New Deal, and World War II 227the membership of the Supreme Court. He planned to ask Congress
for authority to appoint a new judge for each judge who had served on
the court for at least ten years and did not retire within six months
after reaching the age of seventy. Among the nine members of the
Supreme Court (the “nine old men,” as they were derisively called), six
justices had already passed the age of seventy. It was clear to everyone
that FDR was seeking revenge for the recent court decisions striking
down essential programs of the New Deal. If such a plan ever won
congressional approval, it would mean that the court would be ex-
panded to fifteen members. And since FDR would name six of them,
he would be certain to form a majority of pro–New Deal justices. The
President chose not to inform the party’s leadership in Congress in
advance of his intentions for the simple reason that, in the words of
Speaker William Bankhead, “he knew that all hell would break
loose.”
And it did. The inviolability of the court had long been acknowl-
edged. Its tradition of standing above politics and partisanship was
generally understood and appreciated by the American people. But
FDR saw only its conservative bent and its apparent opposition to so-
cial and economic reforms. So he insisted on going ahead with his
“court- packing” scheme. Many Americans saw his plan as an uncon-
scionable attempt to destroy the inde pendence of the judicial system.
And his efforts only further alienated many members of Congress who
had resented his assumption of legislative authority and had kept quiet
for fear of reprisals from their constituents. Now that the election had
passed, they were less hesitant about demonstrating their dis pleasure.
In fact, a split within the Democratic party had already begun along
regional and ideological lines. A new conservative bipartisan co ali tion
emerged among southern Democrats and northern Republicans. They
no longer feared popular reprisals, because they knew that the elector-
ate would resist any tampering with the Supreme Court. The chairman
of the House Judiciary Committee, Hatton Summers of Texas, re-
joiced. “Boys,” he cried, “here’s where I cash in my chips.”
FDR’s decision was also badly timed, because in March 1937 the
Court had already indicated its recognition of and sympathy with some
of the purposes of the New Deal and had approved several important
pieces of legislation. A minimum-wage bill was upheld (West Coast