December 2, 2021

Biden’s Supreme Court commission split on recommendation to ‘pack the court’

President Joe Biden’s commission to investigate the Supreme Court announced it was divided on whether to recommend adding additional justices, according to sources leading up to Friday’s meeting on the issue.

The meeting is likely to rekindle the previously heated discussion among some Democrats who have sought to “pack the court” by adding additional justices. The concept picked up support after then-President Donald Trump nominated Amy Coney Barrett who was confirmed to give the court a 6-3 conservative majority.

“As a legal matter, we conclude that Congress has broad power to structure the Supreme Court by expanding (or contracting) the number of Justices,” a readout of the commission’s draft discussion materials stated.

“The prudential question is more difficult, and Commissioners are divided on whether Court expansion would be wise,” it added.

The commission released more than 200 pages of material prior to the meeting.

“The commission is comprised of 36 law professors, constitutional scholars, and former judges who were assigned to study a slew of proposed reforms to the high court,” according to the Washington Examiner.

The commission may be divided on the matter, but the issue is unlikely to move forward at the moment. Democrats will more likely focus on Justice Stephen Breyer retiring in time for another liberal to be appointed in his place.

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