Joe Biden and his handlers are setting up a commission to study Supreme Court reform, which critics claim will more than likely recommend expanding the high court bench with far-left, activist judges if progressives get their way.
During the campaign, Biden claimed he was “no fan” of such court packing, but said he would appoint a group to examine so-called structural changes to the federal judiciary.
Candidate Biden also bizarrely said that the electorate didn’t “deserve to know” his actual position on court-packing until after the election. He separately remarked in a more lucid moment that “The last thing we need to do is turn the Supreme Court into just a political football.”
Biden campaign lawyer Bob Bauer reportedly will co-chair the commission under the umbrella of the White House Counsel’s office with Yale Law School professor and ex-Obama administration official Cristina Rodriguez, according to Politico. Another liberal, ex-American Constitution Society President Caroline Fredrickson, is reportedly on board, as well as anti-Trump, pro-Brett Kavanaugh Harvard Law School professor and ex-G.W. Bush official Jack Goldsmith, whose participation supposedly at this point gives the group a veneer of bipartisanship. Once the commission is fully staffed, it intends to deliver its recommendations within six months.
The high court traditionally has had nine members, but there is no membership limit specified in the U.S. Constitution. FDR tried and failed to pack the court when the judiciary was turning down some of his New Deal proposals.
There was little or no chatter from the left about expanding the Supreme Court until President Donald Trump started appointing justices, particularly Amy Coney Barrett, whose pre-election confirmation triggered a lot of progressives.
Democrats more or less adopted the mantra that confirming then-Judge Barrett to the seat previously held by the late Justice Ruth Bader Ginsburg was a form of court packing, even though it was a legitimate vacancy that the president had a constitutional duty to fill.
Conservatives now have a 6-3 majority there, assuming Chief Justice John Roberts, a G.W. Bush appointee, still qualifies as a conservative. The left has historically used the courts to move an agenda that could not pass in a legislature.
Brit Hume imagines hilarious court packing conversation between Biden and his aide https://t.co/8kwaDJIJhd
— Conservative News (@BIZPACReview) October 11, 2020
When the vetting concludes, Biden’s commission will supposedly have from 9 to 15 members. Coincidentally, the left wants to expand the number of Supreme Court seats from 9 to 15.
Should the commission become “packed” with court-packing advocates, its findings will essentially be pre-ordained, and no one need bother reading the actual report.
The commission also plans to study term limits for federal judges, which may be a legitimate inquiry, assuming it’s not also politicized.
Although Democrats currently have an effective majority in the 50-50 U.S. Senate, the filibuster appears to be still in effect, at least for now. Presumably, Republicans would use that parliamentary technique to prevent a far-left, court-packing statute from moving forward, if one even ever gets proposed after the commission finishes its work.
“[A]ny major structural reform would still be a heavy lift, as several Democratic senators have signaled their opposition to such measures,” Politico added.
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