The Supreme Court Conflict The fight over the future of
the Supreme Court in the United States enters another phase with the rejection by the Judicial Committee of the Senate on Tuesday of President Roosevelt's plan for changing the personnel of the Court by a method which may mean a substantial increase in its numbers. That by no means ensures, though it does make more probable, the defeat of the President's proposals by the Senate as a whole. But meanwhile the situation is changed by the voluntary resignation of Justice Devanter, one of what is generally known as the Conservative quintette on the Bench of the Supreme Court. When Mr. Roosevelt, as he naturally will, appoints a man of Liberal views in Justice Devanter's place the Liberals will number five to the Conservatives' four. To that extent the President's desire for the presence on the Bench of a majority of members favourably disposed to his new social legislation will be gratified. But the margin is narrow, though if the expected resignation of another of the Conservatives, Justice Sutherland, takes effect, Mr. Roosevelt should feel reasonably secure. Such party labels applied to members of a judicial body are in reality hardly justified, convenient though they may be, for the Judges are not accused of giving deliberately partisan judgements, but merely of adopting a narrow or broad view of the Constitution it is their business to interpret. So far the President still seems resolved to try to force more retire- ments, which will give him the opportunity of making new appointments, at the risk of appearing to want to pack the Court. Opposition to that is growing.
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