History

Bhagat Singh Thind, a South Asian American Army veteran whose citizenship was revoked by the Supreme Court in 1923

103 Years Ago Today, the Supreme Court Decided Who Got to Be American — and Got It Catastrophically Wrong

On February 19, 1923, the United States Supreme Court issued a unanimous ruling in United States v. Bhagat Singh Thind that declared South Asians ineligible for U.S. citizenship. Nine unelected judges, in a single decision, stripped the legal standing of an entire people from the fabric of American law — and their ruling set off a cascade of consequences that ruined businesses, seized property, and drove at least one man to his death. Today is the 103rd anniversary of that decision. It deserves to be remembered — not just as a historical injustice, but as a precise illustration of why unchecked judicial power is dangerous, why the Court’s institutional consensus is no guarantee of moral correctness, and why structural reform is not optional. ...

From FDR to Today: The Long History of Supreme Court Reform Proposals

Court Reform Across Generations Supreme Court reform isn’t a new idea invented by frustrated progressives. It’s a recurring response to judicial overreach that spans American history. 1937: FDR’s court-packing plan threatened to add up to six justices to break conservative obstruction of New Deal programs. The plan failed legislatively but succeeded politically—the Court reversed course. 1960s-70s: Conservative frustration with Warren Court civil rights decisions led to calls for impeachment, jurisdiction stripping, and constitutional amendments. 2020s: Progressive proposals for term limits, court expansion, ethics codes, and jurisdiction stripping respond to the Federalist Society’s capture of the Court. ...

Historical Precedents: Jefferson, Lincoln, and FDR All Checked Overreaching Courts

Court Reform Is American Tradition Throughout American history, when the Supreme Court has overreached, threatened democracy, or blocked necessary reforms, presidents and Congress have acted to check judicial power. Thomas Jefferson led the impeachment of Justice Samuel Chase and refused to enforce certain court orders. Abraham Lincoln defied the Dred Scott decision and appointed five new justices to ensure the Court would uphold Civil War measures. Franklin Roosevelt threatened court-packing in 1937, forcing the Court to reverse course and uphold New Deal legislation. ...