The progressive left has long desired to change the Supreme Court of the United States in ways that would assure that conservative ideology does not take hold among the justices. Several strategies have been suggested including increasing the number of justice seated on the court at any one time, and the idea of term limits when aging justices simply will not give up, and end up dying giving the other side a seat that the leftists want.
We saw that with Ruth Bader-Ginsburg, among other justices during the course of American history.
The Biden Administration commissioned a study to determine what to do about the issue, and the commission’s two hundred and eighty-eight-page report talks about these strategies but does not make any recommendations on what to do about any of them.
Much of the section on increasing the size of the court was given over to summarizing arguments for and against expansion.
“The Commission takes no position on the validity or strength of these claims,” reads the report’s executive summary. “Mirroring the broader public debate, there is profound disagreement among Commissioners on these issues.”
As in a draft report made public in October, the 36-member panel warned that moving too quickly to change the makeup or structure of the high court could undermine judicial independence and set a bad example for nations around the world.
“[I]n recent years, we have seen democratic governments ‘regress’ or ‘backslide’ with respect to judicial independence,” the final report read. “This has come about through electoral majorities using their power to restructure previously independent institutions, including courts, to favor the political agendas of those governments.”
Given that the Biden Administration has made a laughingstock out of American stature around the world, that is rather a useless argument.
However, the disagreement among the commissioners themselves on the entire matter is telling. Not enough time or thought has been put into making changes at the Supreme Court to do anything at present.
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