Law, Strategy, and Risk in Commercial Disputes
About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic ones.
As the Senate Committee on the Judiciary explains what happened:
To counter the impact of the Court's decisions
…
Mr. Harcourt writes in two languages. The first you have already recognized as a servic[e]able kind of American. The second, just quoted, is the tongue indigenous to the race of college professors who inhabit Planet Tenure. One can tease out some meaning from this tribal patois, but only with application.
James Grant, "Price and Punishment"…