Despite being enacted, the law was never implemented since it was found to be unconstitutional by the courts.
Roosevelt believed Congress had the authority to alter the size of the Supreme Court because it is not specified in the U.S. Constitution. The act was opposed by many Democrats, including Vice President John Nance Garner, who saw it as an effort to stack the court and was seen negatively by members of both parties.
Edward Rumely's phrase, "Roosevelt's court-packing strategy," came to describe the legislation. In a resounding win in November 1936, Roosevelt was elected again.
In the months that followed, he suggested restructuring the federal judiciary by appointing a new justice whenever a justice turned 70 but did not resign. On February 5, 1937, the law was unveiled , and on March 9, 1937, Roosevelt discussed it.
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