Term Limits Aren't Enough

My new essay at The Hill expands on the arguments for expanding the Supreme Court, including this reappraisal of FDR’s failed 1937 legislation:

The pejorative term “court-packing” dates back to President Franklin D. Roosevelt’s 1937 plan to expand the Supreme Court. Frustrated by the court’s invalidation of crucial New Deal programs, he proposed a bill that would have expanded the court to a maximum of 15 by adding one seat for every justice over the age of 70. 

Although it has not fared well in historical memory, Roosevelt’s plan was actually quite thoughtful. It addressed the problem of an aging and out-of-step judiciary by adding seats one at a time, without imposing retirement on the sitting justices due to age or term limits.  

Roosevelt’s political motivation was obvious, of course, but the legislation’s long-run effect would have been nonpartisan. Everyone gets older, after all, and both Democratic and Republican presidents would have been able to add seats to the court. 

Of the nine justices appointed by Roosevelt, including one chief justice, five served beyond the age of 70. Three of the additional nominations would have been made by Republican President Dwight Eisenhower. 

You can read the full piece here.