FDR's Gambit: The Court Packing Fight and the Rise of Legal Liberalism by Laura

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A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates.In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme isgenerally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly.In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance,accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests thatproposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy.Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to berecalled as one fated for failure in 1937.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Author Biography

Laura Kalman is Distinguished Research Professor of History at the University of California, Santa Barbara, a member of the California Bar, and Past President of the American Society for Legal History. She is the author of The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court; Right Star Rising: A New Politics, 1974-1980; Yale Law School and the Sixties: Revolt and Reverberations;The Strange Career of Legal Liberalism; Abe Fortas: A Biography; and Legal Realism at Yale, 1927-1960.

Table of Contents

AcknowledgmentsPreface Court Packing as History and Memory1. Roosevelt v. "The Nine Old Men": March 1933-February 19362. Victory-and Its Fruits: April 6-December 26, 19363. Bright Prospects, Bold Opposition: January 1-March 3, 19374. A Change in Tune at the White House--and at the Court?: March 4-April 11, 19375. "Talk of Compromise...Heard Everywhere": April 12-May 25, 19376. "Prestige": May 18, 1937-November 8, 19387. Afterlife: 1937-2021Afterword About those "later historians": Historians, Political Scientists, and Law Professors Confront "1937"NotesIndex

Review

This boldly revisionist history of FDR's effort to 'pack' the Supreme Court could not be more timely or relevant. Laura Kalman, one of the country's most important legal historians, offers a spellbinding exploration of the realm where law and politics met in 1937-and where, with the stakes as high as ever, they still meet today. * Linda Greenhouse, Yale Law School*By writing from the perspectives of the players, especially FDR, Laura Kalman casts much new light on an episode-the Court-packing plan-that many of us falsely believe we know all about. She writes vividly and leads readers to want to turn pages to find out what comes next. A wonderful read on an important topic. * Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance*One of the nation's preeminent legal historians, Laura Kalman provides an insightful and entertaining look at the New Deal constitutional crisis. Kalman shines a fresh light on the public and legislative reaction to Franklin Roosevelt's 'court-packing plan' and explains why Roosevelt was unable to persuade a Democratically-controlled Congress to increase the number of Supreme Court justices. FDR's Gambit is a must-read for anyone interested in the story behind this bold political move at a pivotal moment in the history of the Court and of the nation. * Brad Snyder, author of Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment*With Supreme Court reform again bobbing up and down at the surface of political contention, Laura Kalman's meticulous examination of the political history of FDR's Court-packing plan cautions against any simple version of what happened. Moving almost day by day, Kalman shows how complicated the Court-packing plan's course was (like that of any piece of significant legislation). Was the plan a blunder by FDR? Maybe yes, maybe no. Was it doomed from the start? Perhaps, but perhaps not. Did politically savvy interventions by the Court and its Chief Justice derail the proposal? A bit, but perhaps not too much. Kalman's careful account lets readers come to their own conclusions about the plan's fate-and about the meaning of the episode for our own times. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School*Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. Her overview of the vast body of scholarship concerning constitutional development in the New Deal period is erudite and discerning. Even those who may differ with her normative perspective or with some of her interpretive conclusions will find much to learn from and admire in this absorbing and illuminating narrative. * Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame*Laura Kalman has been a longtime participant in and observer of the ongoing debate about the political and legal significance of the Roosevelt Administration's introduction of a bill to expand the size of the Supreme Court in early 1937. This book is her most recent and extensive contribution to the debate. It demonstrates Kalman's great talent for archival research and exceptional command of scholarly literatures. Students of the New Deal, twentieth century American politics, and twentieth-century constitutional history are in debt to Kalman for her illuminating intervention into a scholarly issue of enduring significance. * G. Edward White, David and Mary Harrison Distinguished Professor, University of Virginia School of Law*The book will be useful in courses on the political process. * Choice *

Long Description

A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates.In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up tosix justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly.In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additionaljustices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy.Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.

Review Quote

"This boldly revisionist history of FDR's effort to 'pack' the Supreme Court could not be more timely or relevant. Laura Kalman, one of the country's most important legal historians, offers a spellbinding exploration of the realm where law and politics met in 1937-and where, with the stakes as high as ever, they still meet today." -- Linda Greenhouse, Yale Law School "By writing from the perspectives of the players, especially FDR, Laura Kalman casts much new light on an episode-the Court-packing plan-that many of us falsely believe we know all about. She writes vividly and leads readers to want to turn pages to find out what comes next. A wonderful read on an important topic." -- Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance "One of the nation's preeminent legal historians, Laura Kalman provides an insightful and entertaining look at the New Deal constitutional crisis. Kalman shines a fresh light on the public and legislative reaction to Franklin Roosevelt's 'court-packing plan' and explains why Roosevelt was unable to persuade a Democratically-controlled Congress to increase the number of Supreme Court justices. FDR's Gambit is a must-read for anyone interested in the story behind this bold political move at a pivotal moment in the history of the Court and of the nation." -- Brad Snyder, author of Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment "With Supreme Court reform again bobbing up and down at the surface of political contention, Laura Kalman's meticulous examination of the political history of FDR's Court-packing plan cautions against any simple version of what happened. Moving almost day by day, Kalman shows how complicated the Court-packing plan's course was (like that of any piece of significant legislation). Was the plan a blunder by FDR? Maybe yes, maybe no. Was it doomed from the start? Perhaps, but perhaps not. Did politically savvy interventions by the Court and its Chief Justice derail the proposal? A bit, but perhaps not too much. Kalman's carful account lets readers come to their own conclusions about the plan's fate-and about the meaning of the episode for our own times." -- Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School "Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. Her overview of the vast body of scholarship concerning constitutional development in the New Deal period is erudite and discerning. Even those who may differ with her normative perspective or with some of her interpretive conclusions will find much to learn from and admire in this absorbing and illuminating narrative." -- Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame "Laura Kalman has been a longtime participant in and observer of the ongoing debate about the political and legal significance of the Roosevelt Administration's introduction of a bill to expand the size of the Supreme Court in early 1937. This book is her most recent and extensive contribution to the debate. It demonstrates Kalman's great talent for archival research and exceptional command of scholarly literatures. Students of the New Deal, twentieth century American politics, and twentieth-century constitutional history are in debt to Kalman for her illuminating intervention into a scholarly issue of enduring significance." -- G. Edward White, David and Mary Harrison Distinguished Professor, University of Virginia School of Law

Details ISBN0197539297 Author Laura Kalman Short Title FDR's Gambit Pages 440 Language English Year 2022 ISBN-10 0197539297 ISBN-13 9780197539293 Format Hardcover Subtitle The Court Packing Fight and the Rise of Legal Liberalism Publisher Oxford University Press Inc Imprint Oxford University Press Inc Place of Publication New York Country of Publication United States Illustrations 67 political cartoons; 16 b/w halftones Illustrator Alex Brychta Edited by Alan Weir Birth 1938 Affiliation Basingstoke and North Hampshire Hospital, Basingstoke, UK Position Former Professor of International Commerical Law Qualifications PhD Publication Date 2022-11-14 NZ Release Date 2022-11-14 US Release Date 2022-11-14 UK Release Date 2022-11-14 DEWEY 347.732609043 Audience Professional & Vocational AU Release Date 2023-02-05 We've got this

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