Roosevelt wanted to pack the Court, already at nine, by appointing one for each member over seventy who refused to retire. Six of the nine were over seventy, and it was FDR's second term, and he had not been able to appoint even one justice. When the Court upheld some of his "reforms", and one Justice retired, the plan died in the Senate, by a vote of 70 to 20 to table it. See: http://xroads.virginia.edu/~MA02/volpe/newdeal/court.html Stan