1. The fight over the courts is really a fight over democracy -- and part of longer history of the courts being a bulwark of minority rule which needed to be challenged (and sometimes delegitimized) by democratic mass movements.
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3. FDR's court packing gambit is usually treated as a failed attempt to change the make up the court. But in reality it was a highly successful effort to tame the court -- after FDR's mobilizing, Court radically scaled back on overturning New Deal laws.
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4. Some more thoughts on why fixing the partisan balance of the courts isn't enough and what is needed is a more sweeping program of asserting the primacy of the people.https://www.thenation.com/article/politics/court-pack-democratic-party/ …
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They needed a Civil War to do that. No the courts weren't challenged. The states were just in bloody warfare for 4 years.
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