How many US Supreme Court justices were over 70 in 1935?

Answer 1

Five US Supreme Court justices were over the age of 70 in 1935; a sixth justice passed that age before President Franklin Roosevelt attempted to pack the court with younger justices in his 1937 Judiciary Reorganization Bill. The bill proposed adding one new justice for each sitting justice over the age of 70.5, to a maximum of six new justices (coincidentally, the exact number of justice who fit the bill's criteria). Roosevelt's strategy was to dilute the older justices' votes by packing the court with justices more favorable to his New Deal policies. Congress rejected Roosevelt's proposal.

Justice..........................................Age 1935.........Age 1937..........Served on Court

Willis Vandevanter.................................76....................78.....................1911 - 1937

James Clark McReynolds........................73....................75.....................1914 - 1941

Louis Brandeis......................................79....................81.....................1916 - 1939

George Sutherland................................73....................75.....................1922 - 1938

Pierce Butler.........................................69....................71.....................1923 - 1939

Charles Evans Hughes (CJ).....................75...................77......................1930 - 1941

While Roosevelt's plan was thwarted in 1937, he eventually got his wish for a more progressive Court when eight of the nine justices died, retired, or resigned between 1937 and 1941.

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