Biden’s Supreme Court commission takes ‘no position’ on court-packing

The 34-member commission was formed in April to study expanding the court in response to calls in the Democratic Party to add more justices to offset their perceived conservative majority of the court. The committee held six public meetings and called on 44 witnesses. Biden has opposed expanding the court.

The 288-page report, was released Monday and did not offer specific recommendations, instead summarized the arguments for and against issues including court-packing and judicial term limits.

"No serious person, in either major political party, suggests court packing as a means of overturning disliked Supreme Court decisions, whether the decision in question is Roe v. Wade or Citizens United. Scholars could say, until very recently, that even as compared to other court reform efforts, 'court-packing ' is especially out of bounds. This is part of the convention of judicial independence."

The report noted that the distinct differences of the members’ opinions mirrored "…the broader public debate."

"Given the size and nature of the Commission and the complexity of the issues addressed, individual members of the Commission would have written the Report with different emphases and approaches. But the Commission submits this Report today in the belief that it represents a fair and constructive treatment of the complex and often highly controversial issues it was charged with examining."