President Biden is moving forward with setting up a commission to study Supreme Court reforms which could, according to the Daily Mail, lead the way to ‘court-packing.’
Biden repeatedly refused to state his position on court-packing during his campaign but did vow to set up a commission to study judiciary reforms.
“The President remains committed to an expert study of the role and debate over reform of the court and will have more to say in the coming weeks,” a White House official told Fox News.
Politico reports that Biden has already begun naming people to the commission.
They note that two individuals have been chosen to co-chair the commission – Bob Bauer, who was Biden campaign’s lawyer, and Caroline Fredrickson, who “has hinted that she is intellectually supportive of ideas like court expansion.”
“The commission,” Fox News relays, “was Biden’s response to progressive demands to expand the number of justices on the Supreme Court to overcome the 6-3 conservative majority, a practice known as ‘court-packing.'”
Joe Biden is setting up a commission that would look at Supreme Court and federal judiciary reforms, which could lead the way toward ‘court-packing’https://t.co/9CYb9JsmMG
— Trish Regan (@trish_regan) January 28, 2021
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Biden’s Views on Court-Packing Aren’t Clear
The extreme left has made it quite clear they will at least consider packing the Supreme Court as a means to blunt the ruling of the conservative majority.
Biden and Vice President Kamala Harris both played coy about their intent on the matter during the campaign.
Biden wouldn’t reveal his position per se until after the election but did say he would convene a national commission to study reforms for the Supreme Court.
“We are on the verge of a crisis of confidence in the Supreme Court,” Harris told Politico. “We have to take this challenge head-on, and everything is on the table to do that.”
WATCH: In an interview with Joe Biden for @60Minutes, @CBSEveningNews‘ @NorahODonnell pressed Biden on his position on so-called “court packing.” It’s a controversial proposal that would add justices to the Supreme Court, from its current nine.
— CBS This Morning (@CBSThisMorning) October 22, 2020
President Biden once opposed the idea of packing the Supreme Court, calling it a “bonehead idea” during a Senate Judiciary Committee hearing in 1983.
The President referenced Roosevelt’s proposal to pack the court saying, “It put in question, if for an entire decade, the independence of the most-significant body … in this country, the Supreme Court of the United States of America.”
If this effort moves forward, Biden seems content throwing the independence of the Supreme Court out the window.
It’s imperative that we continue to resist efforts to pack the Supreme Court and treat it as if it is one of the elected branches of government. Our society is only as strong as its institutions. We must ensure the integrity and independence of SCOTUS. https://t.co/jpAy6hXnPV
— Senator Mitt Romney (@SenatorRomney) January 26, 2021
Supreme Court Reform Opposed By The GOP
Republicans must sense a growing movement pushing Biden to actually follow through on the far-left demands to engage in court-packing of the Supreme Court.
Senator Marco Rubio (R-FL) is leading an effort to introduce a constitutional amendment that would block court-packing.
“Packing the Supreme Court is a radical, left-wing idea that would further undermine America’s confidence in our institutions and our democracy,” Rubio said in a statement.
“If [President Biden] is sincere about healing our country and protecting our institutions, he will support this effort to protect the Supreme Court.”
Even Mitt Romney (R-UT) joined with 10 other Senate Republicans to back the amendment.
“It remains imperative that we continue to resist efforts to pack the Supreme Court and treat it as if it is one of the elected branches of government,” Romney said.
Former Attorney General Eric Holder, meanwhile, urged Democrats to use their new power in Washington, D.C. to move forward with the radical proposal to pack the Supreme Court with liberal justices.
“Our courts badly need reforms,” Holder said. “The Republicans have abused their power to give themselves an unfair advantage.”
“It is necessary and totally appropriate to add seats.”
Despite what media pundits might say, the far-left haven’t given up their hope of packing the Supreme Court. https://t.co/cvd73IaMkk
— MediaResearchCenter (@theMRC) January 27, 2021
Republicans did nothing more than do their constitutional duty to fill Supreme Court vacancies. Democrats are trying to add seats to water down the sway of conservatives on the court.
There is a huge difference.
In an interview with NPR last year, late Supreme Court Justice Ruth Bader Ginsburg opposed the idea of expanding the court.
“Nine seems to be a good number. It’s been that way for a long time,” she said, adding, “I think it was a bad idea when President Franklin Roosevelt tried to pack the court.”
Listen to Ruth Bader Ginsburg on court packing: pic.twitter.com/8fLlnl2T19
— Eddie Zipperer (@EddieZipperer) October 10, 2020
Biden, even in simply considering a commission that could lead to court-packing, is turning the highest court in the land into a political football.
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