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Seemingly overnight, the Court changed its position without changing its personnel.


Roberts were the swing men. McReynolds to join the dissenters Harlan F. Stone, Louis D. Brandeis and Benjamin N. Decisions in four cases upholding the constitutionality of the National Labor Relations Act were announced April 12, , and were soon followed by other New Deal 5-to-4 decisions.

As Prof. With no reason for the four elderly conservatives to hang on, they retired one by one, and Franklin Roosevelt's New Deal was saved. Those two courts did not simply defer to the Board and follow its lead; instead, they held the NLRA itself compelled their decisions. In Janus v.

[PDF] DID A SWITCH IN TIME SAVE NINE ? 1 - Semantic Scholar

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The political economy of Supreme Court constitutional decisions: The case of Roosevelt's court-packing plan.

International Review of Law and Economics Greer, T. What Roosevelt thought: The social and political ideas of Franklin D.

FDR's court-packing plan and the temptations of executive power

East Lansing: Michigan State University. Ickes, H. The secret diary of Harold Ickes.

Switch in Time - Sammy Nestico

New York: Simon and Schuster. Jackson, R.

Notes from Mormon Pulitzer Prize winner shed new light on historic court moment

The struggle for judicial supremacy. New York: Alfred A. Jenkins, J. The spatial theory of voting and the presidential election of Kiewiet, D.

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The logic of delegation: Congressional parties and the appropriations process. Krehbiel, K.

A Switch in Time Saves Nine

Pivotal politics: A theory of U. Kyvig, D. Political Science Quarterly Leuchtenburg, W. The origins of Franklin D. Roosevelt's 'court-packing' plan. Kurland Ed. Roosevelt's Supreme Court packing plan. Hollingsworth and W. Holmes Eds. Austin: University of Texas Press. The Supreme Court reborn: The constitutional revolution in the age of Roosevelt.