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Supreme Court packing is where the incumbent administration, whether Republican or Democrat, will nominate a person or persons whose personal or judicial philosophy or past record indicates that they will most likely influence or advance a political parties' agenda on such issues such as abortion or tort reform. Most often, court-packing is a reference to an attempt to seat multiple justices whose appointment will result in decisions more favorable to the current administration, or to one party or political ideology.

The two US Presidents most often associated with court-packing were John Adams and Franklin D. Roosevelt.

For more information, see Related Questions, below.

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14y ago
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7y ago

Court-packing is an attempt by the sitting President to override checks and balances by nominating many members of his (or her) own party to the Supreme Court and/or other federal courts. This action skews decisions to accommodate the President's agenda.

Constitutional court judges and justices are essentially appointed for life and usually remain on the federal bench for decades, extending the President's influence long beyond his term of office.

Examples of Court packing

One famous example is President Franklin D. Roosevelt's scheme to increase the number of justices on the Supreme Court by drafting legislation (a bill) that would place one new justice on the Court for each sitting justice over the age of 70.5, up to a maximum of six new justices (for a total of 15, coincidentally the exact number who feel into the 70.5 and older age range). Roosevelt's intent was to stop the Court from overturning New Deal legislation, an action that would give the President excessive influence over the Supreme Court. Congress stripped Roosevelt's plan from the Judiciary bill.

FDR proposed a plan to add a new justice for each Supreme Court Justice over 70 years of age and increase the size of the Court up to 15. This would give the President the power to "pack the court" with justices who would support the New Deal. Reaction in both Congress and the nation at large was hostile. FDR's plan was considered to be tampering with the Constitution and the separation of powers. FDR backed down and the Supreme Court actually approved several key New Deal enactment's. Since many on the Court were old, FDR ended up appointing eight new Justices before he died.

Court-packing is an attempt by the sitting President to override checks and balances by nominating many members of his (or her) own party to the Supreme Court and/or other federal courts. This action skews decisions to accommodate the President's agenda.

A second example

One historical example is President John Adams' attempt to appoint a large number of Federalist judges to a reorganized and enlarged federal judiciary after he lost the 1800 Presidential election to Democratic-Republican Thomas Jefferson. The Jefferson administration and incoming Congress was able to reverse many of Adams' appointments by repealing the Judiciary Act of 1801, which created the new judgeships. President Jefferson also withheld a number of low-level justice of the peace commissions, resulting in the landmark Supreme Court case Marbury v. Madison, (1803).

Gossary:bill: proposed legislation that begins in the Senate or the House. The President may propose a bill and may provide guidance, but cannot introduce it or vote on whether to pass it. Congress can use the power of checks and balances to prevent the President from achieving his goal.

A+ filling the supreme court with judges who support the presidents p filling the Supreme Court with judges who support the president's policies

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11y ago

The idea of packing a court is for an executive to continue appointing judges until a majority on the court agree with his views, and he can then proceed with his programs certain that the court won't disapprove.

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Lathen Silva

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4y ago

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By filling the Supreme Court with judges who support the president's policies.

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Q: What is the significance of court-packing?
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