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Along with Republicans and most of his Democratic colleagues, Van Nuys opposed the Judicial Procedures Reform Bill of 1937,<ref name=time/> also known as the court packing plan, which sought to expand the number of seats on the [[United States Supreme Court]] for the appointment of additional pro–New Deal justices by President [[Franklin D. Roosevelt]]. He became unpopular among the staunch liberal wing of the party as a result, denounced by the governor of his state:<ref name=time/>

Along with Republicans and most of his Democratic colleagues, Van Nuys opposed the Judicial Procedures Reform Bill of 1937,<ref name=time/> also known as the court packing plan, which sought to expand the number of seats on the [[United States Supreme Court]] for the appointment of additional pro–New Deal justices by President [[Franklin D. Roosevelt]]. He became unpopular among the staunch liberal wing of the party as a result, denounced by the governor of his state:<ref name=time/>

{{cquote|The people of our State will not tolerate . . . any one in public office who will not put his shoulder to the wheel and give his earnest support to the President.|||Gov. Maurice C. Townsend, July 26, 1937}}

{{cquote|The people of our State will not tolerate . . . any one in public office who will not put his shoulder to the wheel and give his earnest support to the President.|||Gov. Maurice C. Townsend, July 26, 1937}}

[[File:FDRoosevelt by Perskie.png|thumb|right|240px|[[FDR]] opposed Van Nuys for dissenting from his [[court packing]] scheme.]]

[[File:FDRoosevelt by Perskie.png|thumb|right|240px|[[FDR]] opposed Van Nuys for dissenting from his [[court packing]] scheme.]]

Roosevelt, seeking to "purge" Democrats he viewed as insufficiently left-wing [[1938 Midterm Elections|the midterm cycle]], backed a primary challenge by Paul V. McNutt, high commissioner to the [[Philippines]], to oust Van Nuys. However, the Indiana senator, who "knew the rank & file of the McNutt-Townsend machine," publicly proclaimed an ultimatum to run as an independent candidate if denied the Democratic renomination, wherein he could split the party vote and facilitate a Republican victory.<ref name=time/> Gov. Townsend several weeks later backtracked, inviting Van Nuys as a candidate for renomination to an "open" state convention, and ultimately won renomination despite McNutt's primary challenge from the left backed by Roosevelt—the Indiana Democratic State Convention nominated Van Nuys and endorsed McNutt for the following 1940 elections.<ref>Michael, Charles R. (July 13, 1938). [https://www.nytimes.com/1938/07/13/archives/van-nuys-renamed-mnutt-for-1940-the-indiana-convention-ends.html VAN NUYS RENAMED; M'NUTT FOR 1940; The Indiana Convention Ends Democratic Schism in Harmony Program BOTH RECEIVE AN OVATION Gov. Townsend, Who Formerly Opposed the Senator, Pleads for a United Party Van Nuys Also Gets Ovation Unity for McNutt Predicted Two Factions End Differences]. ''The New York Times''. Retrieved May 20, 2023.</ref> ''[[The New York Times]]'' reported earlier in the month:<ref>July 6, 1938. [https://www.nytimes.com/1938/07/06/archives/swing-to-van-nuys-foe-of-court-plan-his-indiana-rivals-following.html SWING TO VAN NUYS, FOE OF COURT PLAN; His Indiana Rivals, Following Governor's Lead, Back Him for Democratic Convention See Astrologer, Says President SWING TO VAN NUYS GAINS MOMENTUM]. ''The New York Times''. Retrieved May 20, 2023.</ref>

Roosevelt in particular, seeking to "purge" Democrats he viewed as insufficiently left-wing [[1938 Midterm Elections|the midterm cycle]], backed a primary challenge by Paul V. McNutt, high commissioner to the [[Philippines]], to oust Van Nuys. However, the Indiana senator, who "knew the rank & file of the McNutt-Townsend machine," publicly proclaimed an ultimatum to run as an independent candidate if denied the Democratic renomination, wherein he could split the party vote and facilitate a Republican victory.<ref name=time/> Gov. Townsend several weeks later backtracked, inviting Van Nuys as a candidate for renomination to an "open" state convention, and ultimately won renomination despite McNutt's primary challenge from the left backed by Roosevelt—the Indiana Democratic State Convention nominated Van Nuys and endorsed McNutt for the following 1940 elections.<ref>Michael, Charles R. (July 13, 1938). [https://www.nytimes.com/1938/07/13/archives/van-nuys-renamed-mnutt-for-1940-the-indiana-convention-ends.html VAN NUYS RENAMED; M'NUTT FOR 1940; The Indiana Convention Ends Democratic Schism in Harmony Program BOTH RECEIVE AN OVATION Gov. Townsend, Who Formerly Opposed the Senator, Pleads for a United Party Van Nuys Also Gets Ovation Unity for McNutt Predicted Two Factions End Differences]. ''The New York Times''. Retrieved May 20, 2023.</ref> ''[[The New York Times]]'' reported earlier in the month:<ref>July 6, 1938. [https://www.nytimes.com/1938/07/06/archives/swing-to-van-nuys-foe-of-court-plan-his-indiana-rivals-following.html SWING TO VAN NUYS, FOE OF COURT PLAN; His Indiana Rivals, Following Governor's Lead, Back Him for Democratic Convention See Astrologer, Says President SWING TO VAN NUYS GAINS MOMENTUM]. ''The New York Times''. Retrieved May 20, 2023.</ref>

{{cquote|A swing of State administration support in favor of the Democratic renomination of Senator Frederick Van Nuys, foe of President Roosevelt's Court and Governmental Reorganization Bills, flourished into "band wagon" proportions today and apparently eliminated the possibility of a confusing, three-way Senatorial struggle in Indiana.|||''The New York Times'', July 6, 1938}}

{{cquote|A swing of State administration support in favor of the Democratic renomination of Senator Frederick Van Nuys, foe of President Roosevelt's Court and Governmental Reorganization Bills, flourished into "band wagon" proportions today and apparently eliminated the possibility of a confusing, three-way Senatorial struggle in Indiana.|||''The New York Times'', July 6, 1938}}