Monday, Sep. 06, 1937

Seven Sins

That Franklin Roosevelt loves the Supreme Court any better because his plan to change the Court was beaten, no one in Washington ever believed. Last week when he got around to signing the modest Court Bill enacted by Congress, he made it the occasion for a statement that served several political purposes: It demonstrated that he had not backed down from his original views. It peppered the bill actually passed with criticisms designed to show its total inadequacy. And finally it insisted that his own defeated plan was not just the President's desire but one of the heart's desires of the People. The President wrote:

"It can hardly be doubted that our people are restive under the slow and uncertain processes of the law.

"I spoke, therefore, for an upbuilding process, not only to preserve the independence and integrity of the judiciary, but to reinforce it and strengthen it as an essential and honored part of our institutions.

"In effect, I spoke in behalf of the American people in their desire for increased respect for, and confidence in, speedy and fundamental justice as represented by the Federal courts."

The Act's seven sins of omission as outlined in the President's message, were its failure to:

1) Relieve "the burden now imposed on the Supreme Court."

2) Increase lower court personnel.

3) Provide "effective means of assigning District judges to pressure areas."

4) Set up "flexible machinery . . . readily adaptable to needs as they arise.''

5) Adjust crowded lower court dockets.

6) Provide for "new blood" on Federal benches.

7) Touch the problem of "aged and infirm judges who fail to ... retire or resign. . . ."

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