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Biden signs executive order creating commission tasked with evaluating possible reforms to the SCOTUS

University of California, Los Angeles - Education

Biden signed an Executive Order this Friday which comprises a bipartisan group of expert individuals on the topics of the court and its reforms.

According to the Order, the body of the commission “shall be composed of not more than 36 members appointed by the President.” Biden and his campaign team have expressed their desire to enlarge (pack) the Supreme Court, by which this commission will serve to guide the President on nominees to the court in the scenario that a current exiting of a Supreme Court Justice happens or an expansion of the court is passed into law.

With his administration now taking actions to create this commission there are rules for who is allowed into the commission as a member: “Members of the commission shall be distinguished constitutional scholars, retired members of the federal judiciary, or other individuals having experience with and knowledge of the Federal judiciary and the Supreme Court of the United States.” SEC. 3 of this Executive Order lays out the function and purpose of this commission. Main function is to be “and account of the contemporary commentary and debate about the role and operation of the court” and ” An analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform.”

The report also must include a historic background check for when the court operated under critical assessment throughout its history. This commission is only temporary as it is to generate a report of findings after 180 days after being commissioned. Then after a report is presented to the President then the commission will be terminated. Members who contribute in this body will not be compensated, only for travel expenses and per diem in lieu of subsistence. The commission will operate under concurrent and applicable laws.

Some see this as a preemptive measure of gaining more information and power in order to move the legislative body of Congress to propose a bill that will increase the body of Justices serving on the court. Since 1869 there have been allotted only 9 justice seats at any given time to serve. But as both political parties have stressed their denunciation of such actions to enlarge the amount of Justices that can serve at any given time. Of course both parties have disapproved of this idea only during periods of their political opponent holding the majority power in all three branches of the U.S. Government.

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ARTICLE: JACOB KOVACS 

POLITICS EDITOR: CARSON CHOATE

PHOTO CREDITS: LAWFARE BLOG

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