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Chapter 13 - Was There a “Switch in Time”?

from Section C: Crisis

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

The chapter examines in detail the evidence for and against the proposition that the Court’s decisions in 1937 were a dramatic “switch in time that saved the Nine,” as the quip has it. It concludes that the 1937 decisinos were indeed different from those that had gone before, but that the evidence fails to support the proposition that the change was due to conscious choices shaped by the Court-packing fight or, more generally, by public views about the Court and the Constitution.

Keywords

“Switch in Time”
Type
Chapter
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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 296 - 310
Publisher: Cambridge University Press
Print publication year: 2022

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