“The switch in time that saved nine” was the name given by the press to the apparent sudden shift by Justice Owen J. Roberts from the conservative wing of the Supreme Court (represented by the Four Horsemen) to the liberal wing (represented by Three Musketeers) in the case West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937). Roberts joined Chief Justice Charles Evans Hughes, and Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone in upholding a Washington State minimum wage law. The term is a reference to the aphorism "A stitch in time saves nine", which means that preventive maintenance is best.^[1] The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This page is about four conservative Supreme Court justices and four contemporary Washington powerbrokers. ... This page is about three liberal Supreme Court Justices. ... Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Charles Evans Hughes (April 11, 1862 – August 27, 1948) was Governor of New York, United States Secretary of State, Associate Justice and Chief Justice of the United States. ... Louis Dembitz Brandeis (November 13, 1856 – October 5, 1941) was an American litigator, Supreme Court Justice, advocate of privacy, and developer of the Brandeis Brief. ... Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) is considered one of the greatest American jurists, and is remembered not only for his landmark decisions on negligence but also his modesty, philosophy and writing style, which is considered remarkable for its prose and vividness. ... Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American lawyer and jurist who served as the dean of Columbia Law School, Attorney General of the United States, Associate Justice of the U.S. Supreme Court and later Chief Justice of the United States. ... This article or section does not cite its references or sources. ... Stitch can refer to: Medical stitches, sutures A side stitch, an intense stabbing pain during exercise. ... Preventive maintenance (PM) has the following meanings: The care and servicing by personnel for the purpose of maintaining equipment and facilities in satisfactory operating condition by providing for systematic inspection, detection, and correction of incipient failures either before they occur or before they develop into major defects. ...

The decision was handed down less than two months after President Franklin Delano Roosevelt announced his Court-packing Bill and it was widely seen as a reaction to that bill. Justice Roberts shifted his vote before President Roosevelt actually submitted his court-packing proposal to Congress. However, Roosevelt made his proposal public on March 9, 1937 during his 9th Fireside Chat. The high court's decision in West Coast Hotel was not handed down until after Roosevelt's public announcement (the decision was issued on March 29, 1937; see West Coast Hotel.) Thus, Roosevelt's public announcement may have contributed to Justice Roberts' motivation for switching from his previous freedom of contract decisions. On the other hand, some historians argue that the Justices had voted on the case before the public announcement, so there is an on-going debate among historians on the accuracy of the traditional view.^[2] Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... The neutrality of this article is disputed. ... Image:FDR0216. ... Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ... Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ... Freedom of contract is the key public policy that underpins the law of contract and justifies a legally enforceable system of bargaining as a benefit to society. ...

One example of this more recenet interpretation of history can be found in the research of Professor Edward White. He asserts the votes in the case had been cast several days before Roosevelt's announcement. The decision was not announced at that time because Chief Justice Charles Evans Hughes was holding off for the liberal Justice Harlan Stone, who was ill with dysentery, to return to vote. Roosevelt's plan, White concludes, had no effect on the voting of the supreme court justices. Justice Stone returned two days after Roosevelt's fire-side chat and voted the way everyone knew he would - for the minimum wage law.^[3]

The switch, together with the resignation of Justice Willis Van Devanter a month later are often viewed as having contributed to the defeat of the Bill, preserving the size of the Supreme Court at nine justices, as it remains to this day. Willis Van Devanter (April 17, 1859 - February 8, 1941), associate justice of the United States Supreme Court, January 3, 1911 to June 2, 1937. ...

References

1. ^ The New Dictionary of Cultural Literacy, Third Edition
2. ^ The Boston Globe – “Supreme switch: Did FDR’s threat to ‘pack’ the court in 1937 really change the course of constitutional history?”
3. ^ - Wikipedia Article on Court Packing