Biden Supreme Court Commission Addresses ‘Real Risk’ of Expanding the Court in New Report
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President Joe Biden’s commission on the Supreme Court released a preliminary report Thursday addressing the question of whether to expand the court.
Some Democrats have pushed for expanding the Supreme Court, an issue which came up a few times on the 2020 campaign trail. In a recent interview, Justice Stephen Breyer said it would only result in people losing trust in the court.
The commission does not make a strong recommendation one way or the other, for as the report itself explains, “Commissioners are divided on whether Court expansion would be wise.”
The report breaks down the arguments for and against expanding the Supreme Court, including arguments from proponents and critics of the idea on how it could affect the Court’s legitimacy.
One key section addresses the “real risk” of court expansion:
Some Commissioners believe that there is a real risk that the willingness of Congress to expand the size of the U.S. Supreme Court could further weaken national and international norms against tampering with independent judiciaries. Politicians at home and abroad who might wish to control their nation’s courts might find themselves emboldened to take such actions if the United States engages in Court expansion, regardless of the reasons for the U.S. expansion… Other Commissioners believe that these potential risks do not justify the rejection of expansion proposals in the United States.
Some of the Commissioners apparently believe the U.S. either has reached or “is on the brink of” a crisis point that would warrant such a massive step.
One potential problem the Commission raises is that expanding the court could “further degrade the confirmation process.”
“There could be significant battles over any Justice added by a Court expansion measure. Indeed, a future Senate could respond to expansion by refusing to confirm any nominee.”
You can read the full section on court expansion here and the rest of the report here.
