The Waterbury Democrat., 1939-11-16

for a New Deal majority on the su- preme court actually will not be re- alized until Buffers successor is con- firmed, the struggle for control of the court probably ended on elec- tion day in 1886. The flow of anti New Deal decisions which junked key legislation of the first Roose- welt term and enfuriated the admin istration ended abruptly then, catls- ing the more cynical to recall MT. Dooley who said that 'the supreme court follows the election returns"
 Reorganization Plan
 But on Feb. 5, 1897, MT. Roosevelt sent to congress his plan to reor- ganize the court by expanding its membership to IS justices and, in effect, to place younger, more lb- eral man on the bench beside each oldster to support New Deal laws. That plan failed but 1t divided the Democratic party. A few months later retirernents and deaths began giving MT. Roosevelt other means of establishing administration phil- osophy in the judiciary,
 1 Associate Justice Willis Van De-
 vanter was the first to go, retiring
 after 26 years as 6 member of the court with a record of voting for
 10 and against 15 New Deal acts
 He with Butler and Associate Jus tice James Clark McReynolds were the stalwarts of the anti-Roosevelt
 group. McReynolds remains on the
 bench. His New Deal voting record
 was: For, z; against, IS. Butler wal
 only slightly more favorable tc the
 New Deal philosophy of an elastic constitution. He voted to junk Il of MT. Roosevelt's bills and to up hold 9 of them.
 Naming of Butler
 ), Butler was 73 years old and wa ; named to the bench when he wa 56. He was a Catholic from Min nesota. Speculation over his sue cessor swung immediately to Attor l ney General Frank Murphy, a 46 , year r-old from Michigan-which [ near enough to Minnesota to keel ' that part of the country representet l and Catholic. MT. Roosevelt previous appointments have gone t
 Alabama, Kentucky, Connecticu e and Massachusetts.
 s But geographical consideration t and religious considerations are ex a pected to be minor ones in selectin i. Buffers successor in compariso . with the test of political faith. Tn
 new justice might be a Republican
 a Democrat or an Independent. Bt n 1t Is reasonably certain that he WI h be wholly sympathetic with Ne ' Deal objectives. Murphy meet . that requirement perfectly.
 Absolute Control
 |. Given this fifth vacancy to fill, M e Roosevelt can establish an absolu' .e New Deal majority on the supren 'e bench and one which could preva " until well beyond 1850. That si' " uation has been brought about | i. his nomination of comparative <, Y, young men. It is a paradox of pol 7 tics that the judciiary was the cer ,, ter of anti-New Deal philosopf = .n when the legislative and executi, Y branches were riding high on tf ?, ss Roosevelt wave and that 1t has con 70 now into the New Deal fold as u
 legislative branch begins to bolt ar ,e balk against the administration. n Estimated on the basis of averai b age at death or retirement of si n preme court justices, the New De- {. should be substantially represents te until 1955 or thereabouts. Dougli rt is 70 years old. If he served int n the average age at which justice IS have died, the New Deal would haN 4. at least one spokesman on the b
 bench 30 years from now.
 Consolidation of the New De 10 forces there may be fact of il |. creasing significance as the conserv, ,2 tive Liberal battle develops in l9' Is and subsequent elections. The cou ,n is inextricably involved in polite le events leading up to the conserv' to tive-liberal engagement. It was M h Rocsevelt'S reorganization plan Id February 1887 that began dividh d the New eal-Democratic party. D l- vision now has reached Q poi
 where a conservative Democrat ot group including Vice. President Jol CT N. Garner and a considerable nur ve Der of influential Democrats are q ve termined to regain party cont B. from the president.
 is New Dealers contend an6 generi on ly are conceded to be correct, tt ce MT. Roosevelt won the court fiG n- so far as the attitude of the justi'
 toward New Deal legislation Is co
 cerned. But in winning the court dy lost Q bitter political battle--a 4 els which he will concede-and ,re wounds of that political contest
 are sore and bleeding.