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Old October 13, 2008, 09:44 AM   #13
Tennessee Gentleman
Senior Member
Join Date: March 31, 2005
Location: Tennessee
Posts: 1,623
When FDR became President, he also had a legislature that was controlled by the same party. The threat of adding new Justices (that would decide cases in favor of his "New Deal") was very real. Real because he had a Congress that voted in lock-step with his proposed legislation. Since it is the Congress that decides (via legislation) how many Justices that sit on the Supreme Court, it would have been an easy reach.

In more recent times, we see much of the same thing with the first 6 years of the Bush administration.

This was not exactly what the founding generation had in mind.
OK, but doesn't it mean that the court is more attuned to what the body politic wants than many believe? I wonder if you look at many of the landmark decisions of the past if they weren't pretty close to what we public either wanted or were going towards.

I remember a class I took a long time ago that pointed out that when Brown vs. Topeka was decided that many polls and studies showed most Americans thought segregation to be wrong.

Same thing with Heller? Most polls and studies I have heard repeated in the media showed most Americans believe the 2A is an individual right.

So the question is how much does public desire shape what the court decides? Does the SCOTUS have any fear that if they get too way with their decisions out that they might become less relevant or even ignored?
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