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Reply #6: It was a radical change between 1937 and 1941 [View All]

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-13-10 03:15 AM
Response to Reply #5
6. It was a radical change between 1937 and 1941
Justice Van Devanter retired in 1937, Justice Sutherland in 1938, Justice Butler died in office in 1939 but the last of the Horsemen, McReynolds sat on the Court till 1941 when he retired. These are all to the right even of Scalia and Thomas, thus your caption should include the word "Appointed" for all but Justice Devanter was still sitting on the court in 1938 when Justice Black replaced Justice Devanter. Thus at least three of the "Horsemen" were sitting on the court AFTER 1937, even through appointed BEFORE 1937.

The replacement of the Four Horsemen by Justice Black, Justice Murphy, Justice Byrnes and Justice Reed lead the Supreme Court to accept the New Deal. During the same four year period, 1937-1941, Justice Cardozo was replaced by Justice Frankfurter, Justice Brandeis was replaced by Justice Douglas, Justice Stone was replaced by Justice Jackson when Justice Stone was promoted to Chief Justice on the Retirement of Chief Justice Hughes. Thus within four years you went from a Supreme Court with a minimal of Democratic appointees to one with only one GOP appointee, Justice Roberts (Through Justice Stone had been appointed as a Justice by Calvin Coolidge, he had been promoted to Chief Justice by FDR).

Thus by 1941 FDR had appointed seven of the Justices and promoted an eighth to be Chief Justice. Thus by 1941 only Justice Roberts was the sole Supreme Court Justice NOT appointed or promoted by FDR, while in 1937 FDR had appointed NO ONE TO THE COURT even through elected in 1932. If FDR had lived till September 1945 he could have named the successor to Justice Roberts and have the honor of naming ALL Supreme Court Justice something only Washington has even had the honor of doing.
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