Loyal Lieutenant, Able Advocate: The Role of Robert H. Jackson in Franklin D. Roosevelt\u27s Battle with the Supreme Court

This Article presents a chronological, narrative account of Jackson\u27s participation in the court fight over Roosevelt\u27s so-called court packing plan. The larger history of that campaign and its players also are presented in order to illuminate Jackson\u27s role. Although a number of secondary works-both old and new-review the history of the fight, the main purpose here is to relate Jackson\u27s part in this larger history, drawing on. those secondary works only to the extent that they are helpful. This Article first recounts the historical background of the tension between the New Deal and the Supreme Court as well as the Roosevelt administration\u27s proposed solution to the problem. An examination of Jackson\u27s initial efforts on behalf of the administration in its struggle with the Court follows.Next, the Article presents an analysis of the Senate Judiciary Committee Hearings on the proposed legislation to reorganize the federal judiciary, with particular emphasis placed on Jackson\u27s testimony before that body. A discussion of Jackson\u27s post-hearings participation in the combat over the Supreme Court follows, after which the Article continues with a brief look at the Court\u27s surprising about-face and the death of the President\u27s plan. The Article concludes with comments about Roosevelt\u27s struggle with the Supreme Court and the importance of Jackson\u27s role in that struggle