Sometimes, we think we are currently living in unprecedented times — and to be sure, some items, like a former president of the United States being indicted, is truly unprecedented — and then other times, we dive into history and realize how often certain concerns permeate the body politic and recirculate through each generation that follows One of those concerns is the independence of the judiciary, and specifically, the independence of the Supreme Court of the United States as a co-equal branch of government leading us to the age-old question: Who judges the judges? The Court at War is a sweeping look at the ways in which WWII and the fight for civil rights arrived at the Court’s magisterial doorstep, and how the Justices responded, often in what seem like contradictory, flawed ways, both for the good of future jurisprudence and the historically awful.
Over the course of his presidency leading into WWII, FDR appointed seven of the nine justices, and elevated an eighth to Chief Justice. That’s the most since Washington, and obviously, hasn’t been matched or surpassed since, although Eisenhower and Nixon were close. These justices were FDR’s, and to put it more pointedly, they were largely obsequious to him. In this SDG we'll look at the cases and why certain Justices go one way or another with them, often contrary to what our preconceived notions are.
To entice you, consider one of the first major decisions from the Court which essentially deemed California’s “Okie Laws” unconstitutional; a law which was enacted to prevent poor people from moving to California at the height of the Great Depression. Sound familiar? As our co-participants examine the views of the Justices, who essentially deferred to the wisdom of FDR, we may gain perspective. or just conclude that the judiciary has not always been co-equal, independent branch of government. Do you. have visions of lively discussions? Join us..