Biden to sign executive order creating court packing commission

09 Avril, 2021, 23:50 | Auteur: Adelaide Bullion
  • Biden Announces Executive Order Creating Commission to Study Expanding Number of Supreme Court Justices

After it was announced on Friday that the Biden administration has launched a commission to explore increasing the size of the Supreme Court, Fox News' Peter Doocy asked the White House why Biden could be into the idea now, even though he spoke against it some years ago. A former chair of the Senate Judiciary Committee, Biden has asserted that the system of judicial nominations is "getting out of whack", but has not said if he supports adding seats or making other changes to the current system of lifetime appointments, such as imposing term limits.

"President Biden wants to radicalize the Supreme Court".

Biden pledged to create the commission during an October television interview.

The allegedly bipartisan commission is made up of 36 members and will be led by two law professors who served in different capacities under the Obama administration.

Breyer delivered the remarks on Tuesday in an address in which he said he aimed to "make those whose initial instincts may favor important structural or other similar institutional changes, such as forms of 'court-packing, ' think long and hard before embodying those changes in law".

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The implications, the 82-year-old justice said, would be great and undermine the American people's confidence in the courts and "in the rule of law itself". Politically driven change could diminish the trust Americans place in the court, Breyer said. "Supreme Court justices stay for generations".

White House Press Secretary Jen Psaki told Doocy that while looking into court packing was one of the things the commission would be looking into, that would not be the entirety of their research. Any effort to alter it would be explosive, particularly at a moment when Congress is almost evenly divided.

"The Commission's objective 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, adding that commissioners would examine such options as term limits for justices; changing the size of the court; and altering its case selection, rules and practices.

Congress would have to approve any changes to the court Biden might propose, and he would be sure to face strong opposition from Republicans. "With five justices appointed by presidents who lost the popular vote, it's crucial that we consider every option for wresting back political control of the Supreme Court", said Nan Aron, president of the Alliance for Justice, a liberal judicial advocacy group. It is unclear if the commission will provide recommendations to Biden, or simply analysis of the arguments for and against reform.

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