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from Section C: Crisis
Published online by Cambridge University Press: 13 January 2022
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.
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