What president tried to expand the Supreme Court?

Asked by: Carmela Lesch V  |  Last update: April 18, 2026
Score: 4.1/5 (25 votes)

President Franklin D. Roosevelt (FDR) tried to expand the Supreme Court in 1937 with his controversial "court-packing plan," proposing to add up to six new justices to overcome conservative opposition to his New Deal legislation, though Congress rejected the plan, which damaged his political support.

Which president increased the size of the Supreme Court?

After winning the 1936 presidential election in a landslide, Franklin D. Roosevelt proposed a bill to expand the membership of the Supreme Court. The law would have added one justice to the Court for each justice over the age of 70, with a maximum of six additional justices.

Did FDR increase the number of Supreme Court justices?

President Roosevelt lost the Court-packing battle, but he won the war for control of the Supreme Court ... not by any novel legislation, but by serving in office for more than twelve years, and appointing eight of the nine Justices of the Court.

When was the last time the Supreme Court was expanded?

Act of April 10, 1869, ch. 22, 16 Stat. 44. The 1869 legislation was the last time Congress changed the size of the Supreme Court.

Can the president change the number of Supreme Court justices?

No, the President cannot unilaterally change the number of Supreme Court Justices; that power belongs to Congress, which can pass a law (like the Judiciary Acts) to alter the size, and the President would then sign it, but the President cannot just add justices on their own. Congress sets the number of justices, and while historically it's been nine since 1869, they have the constitutional authority to change it through legislation, though doing so for purely political reasons (like "court packing") is controversial and has never succeeded, notes Stevens & Lee and NBC News. 

Expanding the Supreme Court, Explained | NowThis

18 related questions found

Who can increase the size of the Supreme Court?

Congress can determine the size of the Supreme Court; it has already added and removed seats on the Court seven times throughout its history.

How did Trump appoint so many Supreme Court justices?

The Gorsuch, Kavanaugh and Barrett confirmations were enabled by a rule change made by Senate Republicans in 2017, which applied the 'nuclear option' to Supreme Court nominees and allowed nominations to be advanced by a simple majority vote rather than the historical norm of a three-fifths supermajority vote.

How did the Supreme Court go from 6 to 9 justices?

The Supreme Court went from 6 justices (its original number in 1789) to 9 by a series of Congressional acts, culminating in the Judiciary Act of 1869, which fixed the size at nine members (one Chief Justice and eight Associate Justices) after fluctuating numbers during the Civil War and Reconstruction era, establishing the current size permanently. 

Who appointed John Jay to become a Supreme Court justice?

President George Washington appointed John Jay as the first Chief Justice of the United States in 1789, with the nomination on September 24 and Senate confirmation two days later, marking Jay's significant role in establishing the federal judiciary.
 

How many Supreme Court justices did Biden appoint?

The total number of Article III judges nominated by Biden and confirmed by the United States Senate was 235, including one associate justice of the Supreme Court of the United States, 45 judges for the United States courts of appeals, 187 judges for the United States district courts and two judges for the United States ...

How many Supreme Court justices did Eisenhower appoint?

In total Eisenhower appointed 185 Article III federal judges, including 5 Justices to the Supreme Court of the United States (including one Chief Justice), 45 judges to the United States Courts of Appeals, 130 judges to the United States district courts, 2 judges to the United States Court of Customs and Patent Appeals ...

Who were the 4 horsemen of the Supreme Court?

From 1932 to 1937, the Supreme Court had a conservative bloc called “The Four Horsemen”: Associate Justices Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter.

Who opposed the New Deal?

Taft, powerful Republican senator from Ohio from 1939 to 1953. Taft was the leader of the Republican Party's conservative wing; he consistently denounced the New Deal as "socialism" and argued that it harmed America's business interests and gave ever-greater control to the central government in Washington.

Who appointed more judges, Trump or Obama?

While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts. 

Do Democrats want to expand the Supreme Court?

Sen. Cruz previously introduced this amendment in 2023 and 2020. Over the past several years, top Democrats have pledged to expand the number of justices on the Supreme Court when they are able to.

How do I change the number of Supreme Court justices?

Article III establishes the Supreme Court, but it leaves to Congress to determine the details of how the court is structured and what it does. For example, it is well established that Congress can change the number of seats on the court or direct the justices to hear cases in lower federal courts.

Why couldn't Obama appoint a Supreme Court justice?

With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.

Can the president remove justices from the Supreme Court?

No, a President cannot remove a Supreme Court Justice; only Congress can remove a Justice through the impeachment process, requiring a House vote to impeach and a Senate conviction for "Treason, Bribery, or other high Crimes and Misdemeanors," as Justices hold office "during good Behaviour" (lifetime tenure unless removed). 

Why did John Jay resign from the Supreme Court?

John Jay resigned from the Supreme Court in 1795 primarily to become the Governor of New York, a position he was elected to while serving abroad on a diplomatic mission to negotiate the controversial Jay Treaty with Great Britain, and because he found the early Supreme Court lacked the prestige and power he desired, compounded by the arduous duty of "riding circuit".
 

Can the president override the Supreme Court?

No, the President cannot directly overrule a Supreme Court decision; the Court's interpretations of the Constitution are final unless overturned by a new Court ruling or a constitutional amendment, though a President might challenge rulings through appeals or by signing new laws, and Congress can also act to change laws the Court interpreted. The Supreme Court holds the ultimate authority on constitutional interpretation, a power established in Marbury v. Madison. 

Who is the most powerful judge in the United States?

The most powerful judge in the United States is generally considered to be the Chief Justice of the United States, currently John G. Roberts, Jr., because he leads the Supreme Court, heads the entire federal judiciary, and holds significant influence in shaping legal precedent and the Court's direction, even if his vote is just one of nine. His power comes from judicial leadership, managing close cases, and influencing the institutional reputation of the Supreme Court.
 

How many justices did Trump add to the Supreme Court?

Donald Trump nominated three Supreme Court justices during his presidency: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, successfully filling three vacancies and creating a conservative majority on the court. 

Did Obama appoint any Supreme Court justices?

President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31.

When did the Supreme Court turn conservative?

Since 2020, the Roberts Court is more conservative, with six conservative justices that include justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett (appointed by President Donald Trump). Dissenting in many key cases are justices Sonia Sotomayor and Elena Kagan (appointed by President Barack Obama).