Joe Biden sparked controversy during the 2020 presidential campaign when he refused to rule out “packing” the Supreme Court with additional justices to change its ideological composition. Caught between a progressive flank clamoring for the move and a deeply skeptical population, the president copped out by saying he would form a commission to study the idea. Now, eight months into Biden’s presidency, that commission has begun its work — and the results undercut the Left’s push to pack the court.
The commission reviewed the proposal to expand the Supreme Court from its current nine justices, a number it has had since 1869. It notes that yes, it would be constitutional to expand the number of justices, as the Constitution grants Congress that power. But as far as the idea’s merits are concerned, the commission — which, if anything, is dominated by liberal academics — has some serious concerns.
