The day the Supreme Court struck down three pieces of New Deal legislation, signaling to President Franklin D. Roosevelt that his programs to cope with the Great Depression faced legal jeopardy.
In an attempt to bring order to the chaotic economy, President Franklin D. Roosevelt
Although the Supreme Court initially accepted some New Deal programs, on Monday, May 27, 1935, known as Black Monday, it handed down three unanimous decisions striking down major aspects of Roosevelt’s plan.
In Schechter Poultry Corp. v. United States
In Louisville Joint Stock Land Bank v. Radford
In Humphrey’s Executor v. United States
Supporters of the New Deal roundly criticized the Court for failing to recognize the need for flexibility and experimentation in dealing with the Great Depression. A report by the Brookings Institution at the time, and subsequent scholarly opinion, has suggested that some New Deal programs such as the NIRA were, in fact, seriously flawed. Black Monday caused Roosevelt to try other approaches to bring about economic recovery, including income tax reform, and in 1937 to attempt to pack the Court with justices who favored New Deal programs.
Irons, Peter. The New Deal Lawyers. Princeton, N.J.: Princeton University Press, 1983. Leuchtenburg, William E. The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt. New York: Oxford University Press, 1995.
Commerce, regulation of
Humphrey’s Executor v. United States
Schechter Poultry Corp. v. United States