24 SEPTEMBER 1937, Page 40

THE SUPREME COURT CRISIS By Merlo Pusey

Mr. Roosevelt's obstinacy in pursu- ing his plan to " pick " the Supreme _ Court, and the opposition it has aroused, may have_stuprisecl litany people in this country ; Mr. Putey's clear and forcible little book (Macmillan, 5s.) will ex-

- plain the bitterness of the conflict. It is a statement of the case against the President. Mr. Pusey emphasises the necessity of the Supreme Court as an independent judiciary arbitrating be=- tween the various powers established by the Constitution, and between them and the Constitution itself; he does not face the question hoW far one of those powers can itself be an impartial arbi- trator. He shows. how deeply the inde- pendence of the Court has entered into the political tradition of the U.S.A. ; dismisses the claim that a crisis exists which could justify its " reform " by the Executive, and, denying the charge that the Court is already packed- in -the - interests of Big Business, deplores the damage already done by vicious attacks on the ImpartialitY of the Court. Mr. Pusey insists that the President has not sought, or -obtained, 'a mandate from the people on this issue, and that the only proper procedure is by constitu- tional amendment. He has a strong case; he spoils it by over-insistence and, above all, by condemning Mr. Roosevelt as " fascistic " and " anti-democratic."