Oklahoma Law Review
In the history of the United States Supreme Court, 1937 was a huge year—perhaps the Court’s most important year ever.
Before 1933, the Supreme Court sometimes held that progressive policies enacted by political branches of government were unconstitutional. Such decisions became much more prevalent during President Franklin D. Roosevelt’s first term, from 1933 through 1936. In those years, the Court struck down, often by narrow margins, both federal “New Deal” laws and state law counterparts that sought to combat the devastation of the Great Depression.
Then, in early 1937, President Roosevelt proposed to “pack”—to enlarge—the Court, so that it would become supportive of New Deal laws. Within weeks, the Supreme Court began to change course, announcing broader constitutional interpretations of federal and state government legislative powers.
The Court’s switch took the air out of the Court-packing balloon. This change became known as “the switch in time that saved nine.” That line first appeared in 1937. It was repeated by many, especially in Washington. It has been quoted ever since. Just who coined it has been debated but never established.