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President Franklin D. Roosevelt wanted more justices on the Supreme than just the nine provided for in 1896. He proposed legislation for reorganizing the federal judicial system and enlarging the size of the Supreme Court in The Judiciary Act of 1937, what was called the "court-packing plan".

Constitutionally, the sitting justices could not be fired or replaced except for impeachable offenses. The older justices felt that many of Roosevelt's new programs were unconstitutional and they struck them down. Roosevelt's plan to get more receptive justices on the court was to pass a law that would allow him to appoint one new justice for each justice that was over 70.5 years old, up to six new justices (which, coincidentally, was the number of justices over 70.5 at that time). The extra justices would dilute the votes against his programs and he would be able to keep them running.

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