Only sixteen Republicans remained in the Senate, most progressives, when Congress met in January 1937, but Borah retained much influence as he was liked and respected by Democrats. Many of Roosevelt's New Deal policies, such as the NRA, were struck down by the U.S. Supreme Court during Roosevelt's first term, but he had no opportunities to make an appointment to the court in his first four years. In 1937, Roosevelt proposed what came to be known as the court-packing scheme, that for every justice over the age of seventy, an additional one could be appointed. This would give Roosevelt six picks, but would require Congress to pass legislation, which Borah was immediately opposed, believing it would be the death of the Supreme Court as an independent institution. Although he refused to take the lead in the bipartisan opposition, Borah wrote a section of the committee report dealing with the history and independence of the court. When the matter came to the Senate floor, Borah was asked to make the opening speech, but again deferred to the Democratic majority, and Roosevelt's plan was defeated. The court crisis had also been defused by the retirement of the Senior Associate Justice, Willis Van Devanter, a Taft appointee. When Borah was asked if he had played a role in Van Devanter's retirement, he responded, "Well, guess for yourself. We live in the same apartment house."