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

FDR's proposal to expand the size of the court by up to six justices in 1937 was seen as an act of hubris and a failure to read Congress and the public properly. However, Laura Kalman's book, FDR's Gambit, challenges this conventional wisdom by arguing that FDR's acumen, not arrogance, accounted for his actions. 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. Kalman's book offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today.

Format: Hardback
Length: 440 pages
Publication date: 14 November 2022
Publisher: Oxford University Press Inc

The debate over court packing, a proposal to expand the size of the federal courts by adding more justices, has resurfaced in recent years among liberals concerned about the potential long-term dominance of conservative judges. While this idea was famously rejected in the 1930s, it has gained renewed attention in the current political climate. In her book "FDR's Gambit: The Untold Story of the Court Fight That Changed America," legal historian Laura Kalman challenges the conventional wisdom by presenting a comprehensive and revisionist account of the court fight that ties it to contemporary policy debates.

Kalman argues that the 1937 proposal to expand the Supreme Court by up to six justices was not an act of hubris but rather a calculated strategy designed to address the concerns of liberals at the time. FDR, fresh off a landslide victory, believed that the court was too conservative and was undermining his New Deal policies. He saw court packing as a way to ensure that his policies were upheld and to protect the democratic institutions of the country.

Kalman's book offers a novel perspective on the court fight by presenting the story as it unfolded without the distortions of hindsight. She argues that FDR came very close to getting additional justices, and the court itself changed course as a result of the proposal. 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.

Kalman's book is based on extensive archival research, and she offers a detailed account of the political and legal battles that surrounded the proposal. She explores the reasons why the proposal was rejected by Congress and the public, and she examines the long-term effects of court packing's failure.

While some may argue that court packing is not the right remedy for today's troubles, Kalman argues that it does not deserve to be recalled as one of FDR's greatest failures. She suggests that the episode provides valuable lessons for policymakers and advocates who are concerned about the balance of power in the federal courts.

In conclusion, "FDR's Gambit: The Untold Story of the Court Fight That Changed America" is a comprehensive and engaging book that offers a fresh perspective on the court fight that ties it to contemporary policy debates. Kalman challenges the conventional wisdom by presenting a revisionist account of the episode that suggests that court packing was not an act of hubris but rather a calculated strategy designed to protect democratic institutions and promote progressive policies. Whether or not you agree with Kalman's proposed remedy, her book is a valuable contribution to the ongoing debate over the role of the federal courts in American politics.

Weight: 734g
Dimension: 167 x 242 x 41 (mm)
ISBN-13: 9780197539293