Biden commission does NOT recommend expanding the Supreme Court

by Timothy Frudd

Joe Biden’s commission on the Supreme Court unanimously voted Tuesday to approve their final report and sent it to Biden’s office. The commission decided to take “no position” on the controversial issue of expanding the Supreme Court.

The 34-member bipartisan commission’s lengthy 288-page report is a win for conservatives and major blow to liberals.

While not officially taking a position on the expansion of the Supreme Court, the commission’s report offers little hope for Democrats who viewed the commission as an opportunity to bolster support for packing the court with liberal justices.

Instead, it appears the Supreme Court will continue to operate the way it traditionally has with nine justices.

Concerning the issue of expanding the Supreme Court, the commission’s official report stated:

“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. We present the arguments in order to fulfill our charge to provide a complete account of the contemporary Court reform debate.”

Presidential commission on the Supreme Court

After months of reviewing the pros and cons of expanding the Supreme Court, the commission reports, “Supporters contend that Court expansion is necessary to address serious violations of norms governing the confirmation process and troubling developments in the Supreme Court’s jurisprudence that they see as undermining the democratic system.”

On the other hand, the commission found, “Opponents contend that expanding—or ‘packing’—the Court would significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court.”

In light of the divided nature on this issue, the bipartisan commission has chosen to remain neutral on the issue of expanding the Supreme Court. However, the commission’s report is certainly more encouraging to Republicans who respect the traditional stance of nine justices on the Supreme Court than the Democrats who want to add liberal justices to the court.

Throughout most of his political career, Biden has supported the tradition of nine justices for the Supreme Court, however, after being pressured by his own party, Biden appeared to shift his tone after inauguration. He later signed an executive order in April to study the size of the Supreme Court and consider the prospect of adding additional justices.

Biden’s move was hailed by Democrats as a major step in their desire to pack the court with additional liberal justices in an effort to fundamentally alter the ideology of the Supreme Court.

Democrats proposed the idea of expanding the number of justices on the Supreme Court following the death of liberal Justice Ruth Bader Ginsburg and the confirmation of conservative Justice Amy Coney Barrett last year. Since then, the controversial movement to pack the court has been led by liberal activists and lawmakers like Reps. Nancy Pelosi, Alexandria Ocasio-Cortez, and Ilhan Omar.

While packing the Supreme Court continues to be a controversial issue, the majority of Americans seem to oppose the idea of expanding the Supreme Court. According to a Mason-Dixon poll commissioned by the First Liberty Institute, 65 percent of Americans oppose packing the court.

Once again, Democrats are attempting to force an agenda that most Americans vehemently disagree with. Fortunately, the commission’s report weakens the Democrats’ agenda to pack the court.

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