Biden to Form Commission to Study Packing the Supreme Court

Joe Biden by Gage Skidmore is licensed under CC BY-SA 2.0

President Joe Biden is set to issue an executive order on Friday forming a bipartisan commission that will perform a 180-day study of potential changes to the Supreme Court, including court packing and setting term limits for justices.

“The Commission’s purpose 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 said in a statement. “The topics it will examine include the genesis of the reform debate; the Court’s role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court’s case selection, rules, and practices.”

Biden promised to form the bipartisan commission during the campaign in October as he repeatedly dodged questions regarding his stance on expanding the Supreme Court. At that time, progressives had thrust court-packing to the forefront of political debate with calls to add more justices to the nine-judge court after Republicans moved forward with Justice Amy Coney Barrett’s confirmation hearings just weeks before the November 3 election, creating a 6-3 conservative majority on the court.

When asked before the election if voters “deserve to know” his position on court-packing, Biden said, “No they don’t deserve- I’m not gonna play his game. He’d love… that to be the discussion instead of what he’s doing now,” referring to President Trump.

Joe Biden by Gage Skidmore is licensed under CC BY-SA 2.0