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Hostile. The nine Lochner-era justices Roosevelt inherited from earlier administrations opposed most of his New Deal legislation, declaring six of the eight major Acts unconstitutional. The 1935 and 1936 Terms were especially brutal, but the Court began to shift toward a more progressive stance in 1937, as the older justices retired and were replaced.

Roosevelt appointed eight new, liberal, justices between 1937 and 1943, beginning a progressive era that lasted into the 1970s.

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