Biden Announces Commission To Explore Packing the Supreme Court

Joe Biden, Supreme Court, SCOTUS

President Joe Biden began the selection of members to fill seats on commission tasked with examining potential reforms to the United States Supreme Court and the federal judiciary, opening the way for the packing of the High Court with Progressive ideologues.

The President declared in October, when pressed on the issue of packing the Supreme Court in the aftermath of Justice Amy Coney Barrett’s confirmation, that a commission would be formed to address judicial reform, court packing, and “a number of other things.”

It was reported Wednesday that the commission will fall under the purview of the White House Counsel’s office and chaired by Biden’s campaign lawyer, Bob Bauer.

Those who have so far been seated on the commission include Cristina Rodríguez, a professor at the Yale School of Law and former deputy assistant attorney general in the Obama Justice Department; Caroline Fredrickson, former president of the American Constitution Society; and Jack Goldsmith, a professor at the Harvard Law School and a former assistant attorney general in the George W. Bush Department of Justice.

While Rodríguez’s opinions on reforming the judiciary and packing the Supreme Court are little known, Fredrickson’s are quite clear.

Fredrickson, the former director of the ACLU’s Washington Legislative Office and former general counsel and legal director of NARAL Pro-Choice America, has been quite vocal about ideas like court packing.

“I often point out to people who aren’t lawyers that the Supreme Court is not defined as ‘nine-person body’ in the Constitution, and it has changed size many times,” she allegedly told Eric Lesh, the executive director of the LGBT Bar Association, in 2019.

With Rodríguez’s views unknown and Fredrickson pro-court packing, Goldsmith, may serve as a check on a radical approach to any suggested reforms. Goldsmith supported the nomination of Justice Brett Kavanaugh.

In October, Biden avoided answering direct questions as to whether he supported packing the US Supreme Court in retaliation for the seating of President Trump’s nominee Amy Coney Barrett. He deflected in a direct response by saying he would form a commission to study the issue.

“It’s not about court packing,” Biden said during a 60 Minutes interview. “There’s a number of other things that our constitutional scholars have debated and I’ve looked to see what recommendations that commission might make.”

“There’s a number of alternatives that go well beyond packing,” then candidate Biden added. “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.”

Judging from Biden’s record -breaking number of executive orders during the first two weeks of his tenure, many experts anticipate radical changes in the suggestions coming out of this commission.