Biden commission’s draft materials on Supreme Court reform show split over adding justices
A growing chorus of critics — especially those furious with the tactics used by Republicans to appoint the three most recent justices — have called to expand the size of the bench. Proponents include former presidential candidates and Cabinet members.
Some of the commissioners agree with the pro-expansion arguments, “at least in part,” the draft materials said. But other commissioners concluded that adding seats “is likely to undermine, rather than enhance, the Supreme Court’s legitimacy and its role in the constitutional system,” the commission wrote.
“There are significant reasons to be skeptical that expansion would serve democratic values,” the commission added. “We also raise some tentative concerns about how expansion of the Supreme Court might be received in the broader domestic and international community.”
President Joe Biden created the commission via executive order in April, assembling a bipartisan panel of scholars, lawyers, advocates and former judges to probe arguments for and against reforming the high court.
Some of the commissioners agree with the pro-expansion arguments, “at least in part,” the draft materials said. But other commissioners concluded that adding seats “is likely to undermine, rather than enhance, the Supreme Court’s legitimacy and its role in the constitutional system,” the commission wrote.
“There are significant reasons to be skeptical that expansion would serve democratic values,” the commission added. “We also raise some tentative concerns about how expansion of the Supreme Court might be received in the broader domestic and international community.”
President Joe Biden created the commission via executive order in April, assembling a bipartisan panel of scholars, lawyers, advocates and former judges to probe arguments for and against reforming the high court.
