By 1936 Roosevelt and his New Deal had won record popularity. In November Roosevelt annihilated his Republican challenger, Governor Alf Landon of Kansas, who lost in every state save Maine and Vermont. The Great Depression had certainly not ended, but it appeared to many to be beating a slow yet steady retreat, and Roosevelt, now safely re-elected, appeared ready to take advantage of both his popularity and the improving economic climate to press for even more dramatic changes. But conservative barriers continued to limit the power of his popular support. The Supreme Court, for instance, continued to gut many of his programs.

In 1937, concerned that the Court might overthrow Social Security in an upcoming case, Roosevelt called for legislation allowing him to expand the Court by appointing a new, younger justice for every sitting member over the age of 70. Roosevelt argued that the measure would speed up the Court’s ability to handle a growing back-log of cases; however, his “court-packing scheme,” as opponents termed it, was clearly designed to allow the president to appoint up to six friendly, pro-New Deal justices to drown the influence of old-time conservatives on the Court. Roosevelt’s “scheme” riled opposition and did not become law, but the chastened Court upheld Social Security and other pieces of New Deal legislation thereafter. Moreover, Roosevelt was slowly able to appoint more amenable justices as conservatives died or retired. Still, the “court-packing scheme” damaged the Roosevelt administration and opposition to the New Deal began to emerge and coalesce.

Compounding his problems, Roosevelt and his advisors made a costly economic misstep. Believing the United States had turned a corner, Roosevelt cut spending in 1937. The American economy plunged nearly to the depths of 1932–1933. Roosevelt reversed course and, adopting the approach popularized by the English economist John Maynard Keynes, hoped that countercyclical, “compensatory” spending would pull the country out of the recession, even at the expense of a growing budget deficit. It was perhaps too late. The “Roosevelt Recession” of 1937 became fodder for critics. Combined with the “court-packing scheme,” the recession allowed for significant gains by a “conservative coalition” of southern Democrats and Midwestern Republicans. By 1939, Roosevelt struggled to build congressional support for new reforms, let alone maintain existing agencies. Moreover, the growing threat of war in Europe stole the public’s attention and increasingly dominated Roosevelt’s interests. The New Deal slowly receded into the background, outshone by war.