Joe Biden is forming a bipartisan commission to consider U.S. Supreme Court reform, including the expansion of the bench beyond the current panel of nine judges.
The president on Friday fulfilled a promotional promise by issuing an executive order to form a commission of experts, including legal scholars, former federal judges, lawyers and reform lawyers.
The White House said the group’s purpose was to “analyze key arguments in the contemporary public debate for and against Supreme Court reform.” The executive order directed the commission to submit a report on its investigation within six months.
The Commission marks an important development for liberal advocates of expanding or “packing” the Supreme Court, which seeks a time limit imposed on additional judges as well as Supreme Court justices.
The U.S. Constitution empowers Congress to determine how the courts should be organized, although the size of the bench was determined by the late 19th century. Under the current rules, judges of the Supreme Court are appointed to life on the bench unless they decide to retire.
Biden has not said in recent years that he would personally support the expansion of the court or establish a deadline for judges, although he told CBS News last year that the court system was “coming out of weakness.” Earlier in his career, Biden, the former chairman of the Senate Judiciary Committee, opposed court packing.
Donald Trump called for the expansion of the country’s highest court last year after conservative judge Amy Connie Barrett was nominated to the bench following the death of liberal Justice Ruth Bader Jinsberg.
There was Barrett Sure By the U.S. Senate just days before the November presidential election. The move was overturned by Democrats because then-Senate Majority Leader Mitch McConnell barred Barack Obama from nominating Merrick Garland to the bench just months before the 2016 election.
Barrett was Trump’s third Supreme Court Appointed after Brett Kavanagh and Neil Gorsuch, and his confirmation marked the conservatism of the Conservatives in court. Six of the current nine judges were appointed by the Republican president.
Progressives have called on Stephen Brecker, the 82-year-old oldest judge appointed by a Democratic president, to step down to name Biden. Generous successor And that person has been confirmed by the Senate, which Democrats now control by the smallest margin.
Asked if Bryar should resign, White House Press Secretary Jane Sosaki said on Friday:[The president] He believes Justice Breaker will decide when he decides that there is no more time to work in the Supreme Court. “
Breaker warned against court reform for political reasons earlier this week, telling the Harvard Law School in a lively speech: “I hope and hope the court will maintain its authority.”
“But this authority depends on a belief like the rule of law, a trust that the court is governed by legal principles, not politics,” Brecker added. “Structural change, stimulated by the perception of political influence, can only feed that perception, further weakening that belief.”