Biden’s SCOTUS Commission Failed to Take a Stance in Its Report

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The commission tasked by Biden to study the Supreme Court expansion failed to come up with a conclusive stand regarding the issue of packing the high court. Meanwhile, it sent the report back to the president. 

Biden’s Supreme Court commission’s inconclusive report is out

The much-awaited report comprises a 288-page document which the commission presented to the president after more than six months of deliberations. Filled with different suggestions, the report mentioned the president could reform the court in various ways.


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These ways include imposing a term limit of 18-years on the Supreme Court justices and limiting its ability to strike down congressional legislation.

Likewise, the report suggested due to the size of the commission and the nature of the job it was assigned to do, each and every member could have written their own report. However, the commission submitted a unanimously agreed report, despite the complexity of the matter.

Although the report addressed the president directly, any act of change in the court demands legislative action from Congress or a constitutional amendment. This seems impossible in such a highly divided legislature.

The timing of the report is crucial, as it came in the backdrop of the Supreme Court hearing of Roe v. Wade challenges. This is likely to overturn Roe, due to the overwhelming conservative majority in the Supreme Court.

Commission preferred listing the pros and cons of court expansion

Biden, who denied the idea of court expansion once, made the commission a couple of months into his presidency. However, many liberals do not seem happy with the commission.

For instance, the liberal executive director of Demand Justice, Brain Fallon, noted the end of the commission is the best thing that has ever happened to it. Likewise, he asserted the Biden administration should now take real steps to reform the partisan Supreme Court.


The highly awaited report mentioned no serious politician from either political party wanted to change the construction of the Supreme Court, just to overturn decisions that go against their political ideology.

By counting the pros and cons of the court reforms, the report tried to highlight different possible scenarios that could happen if the president goes with the court expansion or imposes any such reforms.

According to the report, those who oppose court-packing believe the US should not go that route in order to protect the constitutional integrity of the country.

Likewise, the report mentioned increasing the number of justices would set a precedent for upcoming governments that can try to politically influence the court in the case of dissatisfaction with its decisions.

The documents also highlighted critics’ concerns over the latest polls suggesting the administration should not do court-packing; therefore, it will not serve democracy, as claimed by the proponents.

Criticizing Democrats’ ambitions of court-packing, the CEO of the First Liberty Institute noted the left’s effort to destabilize the court against the public demands depicts they want to do it for political gain.