Biased Justice: James C. McReynolds of the Supreme Court of the United States

Lawrence, Albert B.

doi:10.1111/j.1059-4329.2005.00109.x

Cited by 3 publications

(1 citation statement)

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“…That is, given the rapid turnover, bridging the pre-and post-1937 Courts is inherently model-dependent, a methodological challenge we identify as relevant in much work that seeks to bridge actors across institutions and time (e.g., Bailey, 2007;Epstein et al 2007). The permanence of Roberts's shift, however, is in many ways irrelevant: regardless of whether Roberts becomes more conservative than in the 1936 term, as a relative matter he fast becomes the most conservative member of the Roosevelt Court, to the right even of McReynolds (see Lawrence, 2005).…”

Section: Our Approachmentioning

confidence: 99%

Did a Switch in Time Save Nine?

Ho¹,

Quinn

2010

Journal of Legal Analysis

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Franklin Delano Roosevelt's court-packing plan of 1937 and the "switch in time that saved nine" animate central questions of law, politics, and history. Did Supreme Court Justice Roberts abruptly switch votes in 1937 to avert a showdown with Roosevelt? Scholars disagree vigorously about whether Roberts's transformation was gradual and anticipated or abrupt and unexpected. Using newly collected data of votes from the 1931-1940 terms, we contribute to the historical understanding of this episode by providing the fi rst quantitative evidence of Roberts's transformation. Applying modern measurement methods, we show that Roberts shifted sharply to the left in the 1936 term. The shift appears sudden and temporary. The duration of Roberts's shift, however, is in many ways irrelevant, as the long-term transformation of the Court is overwhelmingly attributable to Roosevelt's appointees.

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Section: Our Approachmentioning

confidence: 99%