https://www.discoursemagazine.com/politics/2021/04/21/packing-the-court-then-and-now/
Not every war is won on the battlefield or ends with a surrender ceremony. Some are won quietly, sometimes before the killing starts, when the weaker side backs down because it expects to lose. The victory is achieved by intimidation and credible threats.
That is exactly what happened with Franklin Delano Roosevelt’s court-packing scheme in 1937. Unfortunately, the nature of his victory, and even the fact that he won, is widely misunderstood. Most commentators blathering on TV or the internet about current court-packing proposals actually think Roosevelt lost because he failed to add additional justices to the Supreme Court.
In fact, the president won because he got what he really cared about: acceptance of his major policy initiatives as constitutionally proper. The sitting justices listened to FDR’s threats, recognized his enormous political power after a sweeping election victory, and caved in. Then, one by one, the most conservative justices retired, allowing Roosevelt to reshape the court without adding to the existing nine members.
Why does Roosevelt’s victory still matter? For two reasons. First, it matters because progressives are trying to pack the court once again. And although their effort is unlikely to succeed (as they now realize), it is animated by the hope that, once again, the threat of court-packing will intimidate sitting justices, especially Chief Justice John Roberts, who has repeatedly shown he wants to avoid any conflict with the president or Congress. The recent clamor could also intimidate President Biden’s new judicial commission, pushing its members to recommend packing the lower courts. (More on that later.)
Second, it matters because Roosevelt’s court-packing episode was crucial to the reconfiguration of American politics, particularly the growth of the centralized state. That growth was only possible because the Supreme Court bent to Roosevelt’s demands and approved his regulatory programs. No issue is more important today. That is especially true now that the Biden administration is attempting yet another vast extension of federal power, the largest since President Lyndon B. Johnson in the mid-1960s.