Packing the Supreme Court? The Biden Administration Is “Looking Into Expanding” SCOTUS
by Robert Wheeler
If the Biden Administration has its way, changes could soon occur that would allow for packing the Supreme Court with additional justices – of his choice.
While the administration launches what appears to be an all-out war against the Bill of Rights, many Americans are under the false belief the Supreme Court will step in and save them from a salivating tyranny. It would be easy to argue those Americans have been asleep twenty years, as the Supreme Court has stopped none of the despotism.
And now it could be even worse.
President Biden seeks to EXPAND the Supreme Court
Biden’s Administration is now following through on a plan it hinted at during its campaign. The plan is one designed to undo any of Trump’s progress in diluting the bench’s leftist influence.
Friday, April 9, Biden signed the “Executive Order on the Establishment of the Presidential Commission on the Supreme Court of the United States.”
This commission will look at the possibility of packing the Supreme Court. In other words: Congress determines the number of justices on the Supreme Court. The court has had nine seats since 1869. Biden, however, is looking into his ability to add more so leftists will have the majority on the court. And thus outweigh any conservative voices.
According to the New York Times:
President Biden on Friday ordered a 180-day study of adding seats to the Supreme Court, making good on a campaign-year promise to establish a bipartisan commission to examine the potentially explosive subjects of expanding the court or setting term limits for justices.
The President acted under pressure from activists pushing for more seats to alter the ideological balance of the court after President Donald J. Trump appointed three justices, including one to a seat that Republicans had blocked his predecessor, Barack Obama, from filling for almost a year.
Members of the Presidential Commission
Biden has charged the 36-member commission with examining the history of the court, past changes to the process of nominating justices, and potential consequences to altering the court’s size. Bob Bauer leads the panel. Bauer served as White House counsel for one of the most anti-Bill of Rights Administrations in American History, the Obama administration. Cristina Rodriguez, another Obama-era holdover and a Yale Law Professor who served as Deputy Assistant Attorney General under Obama, is also on the commission.
Other members include liberal scholars like Laurence H. Tribe, a professor emeritus at Harvard Law School, and popular among the liberal legal community. Caroline Frederickson, the former President of the American Constitution Society, also serves on the commission.
There are some “conservative” members as well. For example, Jack Goldsmith, a Harvard Law School professor, who was a top Justice Department official under the Constitution-shredding Bush administration. Also, Adam White, a resident scholar at the American Enterprise Institute and professor at Antonin Scalia Law School. Keith E. Whittington, a professor of politics at Princeton University, is also a member.
82-year-old liberal justice Stephen G. Breyer opposes Biden’s beginning attempts at packing the courts.
“I hope and expect that the court will retain its authority,” he said. “But that authority, like the rule of law, depends on trust, a trust that the court is guided by legal principle, not politics. Structural alteration motivated by the perception of political influence can only feed that perception, further eroding that trust.”
Is this Biden’s attempt at a Supreme Court “rubber stamp” on every leftist agenda item presented?
Packing the court is not a new idea. Franklin D. Roosevelt attempted to do so in 1937 with the Judicial Procedures Reform Bill of 1937. He proposed adding more justices to the SCOTUS to obtain favorable rulings toward the New Deal that the court had previously ruled unconstitutional. The bill would have allowed the President to appoint an additional justice to the SCOTUS. (Up to a maximum of six for every court member over 70 years and six months.)
Since the US Constitution does not specify how many Court Justices must be on the bench, Roosevelt argued, perhaps correctly, that it is within the power of Congress to change or adjust that number.
Roosevelt’s plan to pack the Supreme Court failed, but will Biden’s?
Roosevelt’s plan ultimately failed because principled members of his party held up the bill in Congress, preventing it from being passed. In 2021, we know full well there are no principled members of the Democratic party and virtually none in the Republican party.
Packing the Supreme Court is a terrible idea and always has been. President Franklin Roosevelt sought to enlarge the court simply so he could appoint a majority of the justices. He failed badly because even his own party recoiled at the naked effort to end the Constitution’s checks on his power.
So it’s obscene that President Joe Biden is even entertaining the move now.
Biden is appointing a commission to look into the idea, one the White House says will be “a bipartisan group of experts on the Court and the Court reform debate.” Let’s hope that’s just a bone to quiet the lefties down, not the start of something more.
I wouldn’t bet on it being a “bone thrown to the lefties.” I would suggest looking at it as an attempt to release the dogs on the holder of the bone. Radical leftists have been empowered over the past few years. Since the Presidential election, there is no cause to believe that either reason or principles will stop the intensely empowered leftists now.
Do you think Biden will succeed in packing the Supreme Court?
Do you think that the rules will be changed to allow for more justices? What will that mean for the Bill of Rights? Share your thoughts in the comments.
Robert Wheeler has been quietly researching world events for two decades. After witnessing the global network of NGOs and several ‘Revolutions’ they engineered in a number of different countries, Wheeler began analyzing current events through these lenses.
About the Author
Robert Wheeler has been quietly researching world events for two decades. After witnessing the global network of NGOs and several 'Revolutions' they engineered in a number of different countries, Wheeler began analyzing current events through these lenses.