PACKING THE COURT
F.D.R. Packing Panel
These nine Justices were put in the position of deciding whether Roosevelts “New Deal” was to die on the vine of suggestion or whether it passed constitutional muster. The Court was so divided they morphed into two camps. One known as “the 3 musketeers” (Stone, Brandeis and Cardozo) the other group were dubbed “the four horsemen” (Justices Butler, McReynolds, Sutherland, and Van Devanter).
Justice Pierce Butler #71
Justice Pierce Butler #71 who interestingly was born in a log cabin. Party politics aside President Warren Harding a Republican nominated Butler, a Democrat to the Supreme Court in 1923. Butler was the lone Justice to dissent in Palco v Conn. Which allowed the state to have two trials to convict a man for murders. (we know through double jeopardy that Butler was the only one that got it right.)