Joe Biden formed the Supreme Court Commission and staffed it with 29 liberals and just 5 conservatives.
Biden was looking for them to do a make-over of the court, including court-packing, term limits, and reducing the power of the court.
Joe made the mistake of not appointing enough members of the commission who were willing to accept these extremist measures.
The commission was unable to make recommendations on any of these issues.
In fact, the report emphasizes that it is not offering a solution to debate about reforming the Supreme Court.
- In Chapter 1, which outlines the historical context of the Supreme Court, the commission does not “attempt to resolve today’s debate according to a particular historical standard, but rather to offer[s] context for today’s discussions and to underscore that debates about Court reform are part and parcel of U.S. constitutional history and the development of the American political order.”
- In Chapter 2, on altering the structure of the court through means including court expansion, the commission “takes no position on the validity or strength of these claims” because of “profound disagreement” among panel members.
- In Chapter 3, which discusses term limits for Supreme Court members, the commission again does not take a position, but only “considers design questions that would have to be addressed were term limits to be adopted.”
- In Chapter 4, on the issue of reducing the Supreme Court’s power, the commission wrote, “Without taking a position on the ultimate merits of such proposals, this Chapter aims to help inform the further debate about whether reforms would be worth pursuing.”
In the end, the commission was unable to come to a consensus on anything.
Brandon must be very disappointed. He was hoping that the commission would rubber-stamp his proposals for the court while putting the onus on the commission when voters rebel against the changes.
If he wants to make these reforms, he will have to do it on his own. That could be risky since he only has a 36% approval rating and the voter poll on whether we are going the right way has found only 27% believe we are. That is an all-time low.
The good news is the commission made a strong argument against packing the court. If Biden wants to pack the court on his own and in defense of this paragraph from the report:
“Courts cannot serve as effective checks on government officials if their personnel can be altered by those same government officials. In a system that permitted Court-packing, any time the Supreme Court issued a decision that was at odds with the preferences of those in power—whether the matter related to the U.S. census, immigration policy, or the validity of a presidential election—the party in power could respond by stacking the Court with loyalists.”.