The year 1937 would see New Deal legislation upheld by 5-4 majorities in SCOTUS, with the Horsemen on the losing end. Because the Republican Chief Justice changed sides and aligned himself with the Liberals and President Franklin Delano Roosevelt

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From Daily Kos :

The story of Charles Evans Hughes,  Republican and Chief Justice of the United States. When it came to civil liberties, the Hughes Court would pave the way for the landmark decisions of the Warren Court just 2 decades later.

The Chief Justice Charles Evans Hughes became increasingly interested in upholding Civil Rights and Humane Legislation and putting distance with the ideas of the Powerful Rich and Wealthy that were against the Poor.

Daily Kos
The conservative who saved the New Deal (part 2 of 2)
by Stephen Yellin
June 27, 2012

The conservative who saved the New Deal (part 2 of 2)

Excerpts :

In March 1935, with Roberts still on board, the Horsemen not only struck down a law establishing pensions for retired railway workers, but stated that the government had no right to use the Commerce Clause to require any pensions. The Chief Justice broke with the Four Horsemen and publicly dissented for himself and the 3 liberals in Railroad Retirement Board v. Alton. Hughes, still a believer in TR-style regulation, thought this was patently absurd.

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"Starting with the Gaines decision in 1938, substantive due process would be applied to civil rights, not property rights. Economic issues would remain on the back burner of Supreme Court cases for several decades. That this was the case, and that the Supreme Court ultimately sided with Franklin Roosevelt and the New Deal initiatives that saved millions of Americans, is due to the efforts of 1 man – a Republican with a conservative mindset, but a progressive’s heart. Charles Evans Hughes, the man who stopped the New Deal, then saved it, deserves far more recognition in American History books than he gets."

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