0. Intro









1. Background

Chief Justice Charles Evans Hughes swearing in FDR in 1933







2. The New Deal



The National Recovery Act protected worker's rights


The Agricultural Adjustment Act reduced production of staple crops, thus raising farm prices


The Civilian Conservation Corps provided jobs for unemployed youth

Workers filing unemployment claims following passage of the Social Security Act in 1935

3. Judicial Opposition

In 1936 the Court struck down the Agricultural Adjustment Act

James C. McReynolds

Willis Van Devanter

Pierce Butler

George Sutherland



Associate Justice Owen J. Roberts

Chief Justice Charles Evans Hughes

The average age of the justices was 71, at the time the most elderly Supreme Court in history

4. The Proposal







Number of Seats on the Supreme Court Authorized by Congress



The Old Supreme Court Chamber

Map of Judicial Circuits, 1807-1837
Map of Judicial Circuits, 1807-1837
Map of Judicial Circuits, 1807-1837




5. Court Reactions


Louis D. Brandeis

Benjamin N. Cardozo

Harlan Fiske Stone








In a case brought by hotel chambermaid Elsie Parrish, the Court reversed itself and upheld a minimum wage law



In 1937 the Court upheld the National Labor Relations Act of 1935 in a case brought by steelworkers who had been fired by their company when they moved to unionize

6. FDR Perseveres





Justice Van Devanter retired on May 18, 1937


7. The Senate Judiciary Committee Reacts

Senator Henry Fountain Ashurst (D-AZ), chairman of the Senate Judiciary Committee

Burton K. Wheeler (D-MT)
Burton K. Wheeler (D-MT)
Burton K. Wheeler (D-MT)
Senator Wheeler and aide





8. A Heated Debate


Joseph T. Robinson (D-AR)
FDR and Robinson

Burton K. Wheeler (D-MT)


Senator Royal Copeland (D-NY), the only physician in the Senate, warned of the danger of summer heat and is shown here inspecting the ventilating fan

9. The End of the Fight






Funeral Service for Joseph T. Robinson on July 16, 1937, in the Senate Chamber

10. Burial





Senator Hiram Johnson (R-CA)



Credits
Project Historian & Executive Producer: Clare Cushman
Written and Produced by INHERITAGE
Associate Producer: Sarah Eldridge
Narration: Michael Kramer
Graphics: Cordelia Prouvost
Funded with a generous grant from the Polsky Foundation
Image Credits:
Library of Congress
FDR Library
Collection of the Supreme Court of the United States
The New York Times
The Washington Post
Architect of the Capitol
National Archives and Records Administration
Getty Images and Videos
U.S. Senate