Court-Packing: Biden Supreme Court Commission Takes ‘No Position’

The Supreme Court Structure in Washington D.C., August 5, 2021 (Brent Buterbaugh/National Evaluation)

A commission formed by President Biden to study possible reforms to the U.S. Supreme Court voted all on Tuesday to authorize a last report that takes “no position” on Court-packing.

The panel, which Biden formed in April to study Court growth and reform, will send out an almost 300-page report to the president that uses arguments for and versus Court-packing, judicial term limitations and other matters connected to the high Court, however does not supply any suggestions. 

“Given the size and nature of the Commission and the complexity of the issues addressed, individual members of the Commission would have written the Report with different emphases and approaches,” the report’s summary stated. “But the Commission submits this Report today in the belief that it represents a fair and constructive treatment of the complex and often highly controversial issues it was charged with examining.”

The report keeps in mind that “no serious person, in either major political party, suggests court packing as a means of overturning disliked Supreme Court decisions, whether the decision in question is Roe v. Wade or Citizens United.”

“Scholars could say, until very recently, that even as compared to other court reform efforts, ‘court-packing’ is especially out of bounds,” it checks out. “This is part of the convention of judicial independence.”

Nevertheless, it includes that the commission “takes no position on the validity or strength of these claims.”

“Mirroring the broader public debate, there is profound disagreement among commissioners on these issues,” the report states. “We present the arguments in order to fulfill our charge to provide a complete account of the contemporary court reform debate.”

The last report follows the release of draft products detailing the panel’s conversations in October in which the commission alerted that broadening the variety of justices on the Court would be viewed as a “partisan maneuver.”

The panel likewise weighed term limitations for justices, who presently have life period. The typical term for a Supreme Court justice today has to do with 26 years, according to the Washington Post. The commission went over a proposition to stagger 18-year terms to make sure that all presidents have the chance to choose 2 justices in each term they serve.

While it takes no position on the proposition, the report keeps in mind that a group of Supreme Court specialists concluded that an 18-year nonrenewable term “warrants serious consideration.”

White Home press secretary Jen Psaki stated previously today that Biden will evaluate the commission’s findings however did not state how or when the president may act on any of the info consisted of in the report.

“It’s not recommendations that he either accepts or denies,” Psaki stated. “He’ll have to review it first and I don’t think we’re going to set a timeline for what that looks like and what it will mean after that.”

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Jobber Wiki author Frank Long contributed to this report.