"I therefore recommend that the Congress provide measures... by which... when any judge of a Federal Court shall fail to retire upon reaching the age of seventy, a new member shall be appointed by the President... A part of the problem of obtaining a sufficient number of judges to dispose of cases is the capacity of the judges themselves. This brings forward the question of aged or infirm judges—a subject of delicacy and yet one which requires frank discussion." — FDR's Court-Packing Message to Congress (February 5, 1937)
The plan was widely criticized—even by FDR allies—as
- Acheck_circle
an attack on judicial independence and the separation of powers
- B
too generous to the elderly
- C
a violation of the 22nd Amendment
- D
an extension of states' rights
Explanation
Many Democrats joined Republicans in viewing the scheme as a power grab; the bill failed in Congress, costing FDR political capital despite his 1936 landslide.