Senator Mike Lee Sounds the Alarm on Court Packing, The Last Time The Supreme Court was ‘Threatened Like This was Back in 1937’ During Roosevelt’s Presidency

Associated Press

Senator Mike Lee of Utah went on “Fox & Friends” to talk about his new book, “Saving Nine”.

He said, “I wrote ‘Saving Nine’ to help prepare the American people for what the left plans, which is to expand or pack the Supreme Court, to pass legislation giving President Biden the power to appoint up to four additional Supreme Court justices – not because the Supreme Court’s overworked and understaffed but rather so that President Biden can dictate the outcome of the decisions he doesn’t like.”

“I started seeing this coming over a year ago, and I wrote ‘Saving Nine’ to protect the Supreme Court but not just the court, but the country itself, the Constitution, and our system of government.”

He added, “As I explain in ‘Saving Nine’, which is available for preorder now, you can read this book and it will prepare you. You’ll win every argument not just about court-packing but about anything else in government these days because it gives you the tools you’ll need in order to stop it. Look, the last time the Supreme Court of the United States was threatened like this was back in 1937. As I explain in ‘Saving Nine’, even though that effort failed legislatively, it still had an impact on the court because it threatened and coerced the justices to the point that one of them switched his vote. You can read all about that story in ‘Saving Nine’.”

Article III, Section 1 of the Constitution says, “The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

ConstitutionCenter.org says:

The Judiciary Act of 1789 established the first Supreme Court, with six Justices. “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Supreme Court of the United States shall consist of a Chief Justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August,” the act read.

Since 1789, Congress changed the maximum number of Justices on the Court several times. In 1801, President John Adams and a lame-duck Federalist Congress passed the Judiciary Act of 1801, which reduced the Court to five Justices in an attempt to limit incoming President Thomas Jefferson’s appointments to the high bench. Jefferson and his Republicans soon repealed that act, putting the Court back to six Justices. And in 1807, Jefferson and Congress added a seventh Justice when it added a seventh federal court circuit.

In early 1837, President Andrew Jackson was able to add two additional Justices after Congress again expanded the number of federal circuit court districts. Under different circumstances, Congress created a 10th circuit in 1863 during the Civil War, and it briefly had a 10th Supreme Court Justice. However, Congress after the war passed legislation in 1866 to reduce the Court to seven Justices. That only lasted until 1869, when a new Judiciary Act sponsored by Senator Lyman Trumbull set the number back to nine Justices, with six Justices required at a sitting to form a quorum. President Ulysses S. Grant eventually signed that legislation and nominated William Strong and Joseph Bradley to the newly restored seats.

In 1937, President Roosevelt supported a Judicial Procedures Reform Bill of 1937 to add as many as six Justices. But, the Supreme Court has been nine Justices since then.

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