i did work on osroberts, and fr what i understood the votes on the case in 1937 were taken before in the court's secret chambers. in 1936 the votes were taken for the cases decided in 1937. that's from memorandum from felix frankfurt from what i understand. thank you for letting me be on the show. thanks very much. >> that caller provided a nice segue to get into the court packing era. set the stage for us, please. >> what happened in the -- i want to get back to this caller's question, because the crux of the court-packing scheme. fdr became extremely frustrated with the fact that a lot of new deal measures were being struck down by this supreme court, and sometimes by a unanimous court. >> on what grounds? >> on the grounds, first of all, of exceeding congress's powers under the customer clause. the commerce clause is quite relevant today. it's the source for passage of obama's health care plan or the tax power, and it's also the source of a lot of legislation that is passed right now. so under the new deal the court basically was not as expansive in its interpretation of what the