Supreme Court expansion commission warns against increasing number of justices

The commission made up of 36 members released materials on Thursday detailing their discussions on the matter, which comes one day after White House press secretary Jen Psaki said materials haven't been submitted for review.

"Our objective here is to allow this process, made up of a diverse range of experts and voices, to move forward and represent different viewpoints, and we're not going to comment on it — or the president wouldn't comment on it — until a report is final and he has the chance to review it at that period of time," Psaki said during a Wednesday press brief.

The commission warned that "rather than calm the controversy surrounding the Supreme Court, expansion 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," the commission said in preliminary reports.

Congressional Democrats have urged President Biden to expand the US Supreme court but members of the bipartisan commission "are divided on whether court expansion would be wise."

In April when the commission was formed, the White House said the purpose of the commission "is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals."

"The topics it will examine include the genesis of the reform debate; the Court's role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court's case selection, rules, and practices," the Biden administration said.

The final report is set to be submitted to the president in mid-November.