The 36-member commission the White House created to study the United States Supreme Court will not make final recommendations for reform within the Court.
“The Commission’s purpose is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals,” the White House announcement said.
President Joe Biden presented the commission idea in 2020 with plans for recommendations from the members. Democrats are seeking to expand the Courts.
“This White House judicial reform commission has a historic opportunity to both explain the gravity of the threat and to help contain it. But we don’t have time to spend six months studying the issue — especially without a promise of real conclusions at the end,” Aaron Belkin, Director of Take Back the Court said. “The solution is already clear. Adding seats is the only way to restore balance to the Court, and Congress should get started right away.”
The commission is comprised of a New York University law professor, a former law clerk for Justice Sandra Day O’Connor, two federal judges — Thomas Griffith and Nancy Gertner — and advocates and academics from different backgrounds.
Commission members want to give President Biden a clear assessment of the Court.
“It’s not about court-packing,” President Biden said. “There’s a number of other things that our constitutional scholars have debated… The last thing we need to do is turn the Supreme Court into just a political football, whoever has the most votes gets whatever they want. Presidents come and go. Supreme Court justices stay for generations.”
Justice Stephen Breyer warns against court-packing.
There have only been 9 justices appointed to the Supreme Court since 1869.