FDR's "Court-Packing" Scheme

In 1936 President Roosevelt faced his greatest legal challenge when the Supreme Court struck down several important parts of his New Deal legislation, calling them unconstitutional.   This threatened to prevent the implementation of his new programs and reforms.  On February 5, 1937, the President announced a controversial plan to expand the number of Supreme Court justices by appointing new judges who would agree with his New Deal programs.
Critics were upset with Pres. Roosevelt, arguing that he was trying to “pack” the court and limit the power of the Judicial Branch.  There was a public outcry, as many argued that the President's action violated the system of checks and balances.  However, before the bill to reorganize the Court came to a vote in Congress, two Supreme Court justices switched to FDR’s side and upheld the constitutionality of the National Labor Relations Act and the Social Security Act.  Roosevelt’s court plan was thus unnecessary, and in July the Senate struck down the bill by a vote of 70 to 22.  This was FDR’s first major defeat in Congress.