Commentary In the last nine months, the United States Supreme Court has conducted the most important and delicate feat of political navigation since the late 1930’s when President Roosevelt proposed its expansion. On that occasion, even after he had been advised that he could succeed in expanding the court by two justices, FDR permitted his bill to wither, satisfied that he had cautioned the justices sufficiently not to become too destructive of his domestic programs. The National Industrial Recovery Act, which the court effectively struck down, had run its course but FDR’s concern was that if they were not warned off, the high court justices could attack measures that he considered absolutely vital for the national interest such as the Tennessee Valley Authority which brought electricity, irrigation, and flood and drought control to seven states. He famously invited the justices to explain the “Interstate Commerce Clause to the sweating men …