President Joe Biden‘s U.S. Supreme Court Commission has released a draft report signaling “profound disagreement” regarding the size of the nation’s highest bench but offering a more sympathetic view to the possibility of term limits for justices.
The bipartisan commission of legal experts was established to analyze the fundamental framework of the nation’s highest court to determine whether changes should be made at a time when polls show public approval of the Supreme Court has dropped significantly in recent months. The commission will convene Tuesday to discuss and vote on whether to approve sending the report to the president.
The report spans hundreds of pages for court reform suggestions that legal experts have discussed since April via scheduled Zoom meetings. More than 30 members of the commission from various backgrounds arranged the report into several chapters, the most prominent for debate being the topics of “packing” new justices on the panel and imposing term limits for the bench.
Supporters of court expansion claim it is “necessary to address serious violations of norms governing the confirmation process and troubling developments in the Supreme Court’s jurisprudence that they see as undermining the democratic system,” according to the report.
BIDEN’S SUPREME COURT COMMISSION ‘DIVIDED’ ON PACKING THE COURT
Opponents say expanding the court would “significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court.”
While the commission said it does not take a position on the validity of such claims, the report notes there is “profound disagreement among Commissioners on these issues.”
The commission touched on several inquiries regarding term limits to the Supreme Court, including the length of terms, the number of appointments a president should be allowed to make during a four-year term, how to transition from the current framework of life appointments, and whether to impose constraints on a justice’s post-tenure employment.
Opponents of term limits, the report notes, say removing life tenure would “would weaken the Constitution’s express protection of judicial independence, which could undermine the Court’s legitimacy” and “further politicize the selection and confirmation process.”
One of Biden’s pillar promises during his presidency was the establishment of the Supreme Court Commission as fellow Democrats ratcheted pressure to seek reform, given the conservative 6-3 majority of justices established under former President Donald Trump.
The imminent report to the president also comes after the Supreme Court recently heard arguments over two controversial abortion laws in Texas and Mississippi. While a verdict in both cases is yet to be made, legal analysts say the decision could create a path of significantly weakening or even stripping abortion rights established under the landmark cases of 1973 Roe v. Wade and 1992 Casey v. Planned Parenthood.
Among the top list of items, the draft report also featured chapters noting the history of proposed changes to the Supreme Court and ideas for reducing the court’s power. Another significant item focused on the so-called shadow docket, which handles emergency cases with major impacts without garnering full briefings and arguments.
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The commission will hold its next public meeting on Tuesday via an online stream from 3 p.m. to 4:30 p.m. EST.
