Biden’s Supreme Court decision allows precedent to stand - and rules out offering an opinion on the left’s court-packing scheme

Biden’s Supreme Court Decision Allows Precedent To Stand – Rules Out Offering Opinion On Left’s Court-Packing Scheme

The panel President Joe Biden picked to review the operations of the U.S. Supreme Court failed to deliver on what left-wingers wanted most: an opportunity to pack the court with ideologues of their own ilk.

The 34-member panel, overwhelmingly stocked with 29 liberals, according to The Wall Street Journal, is set to deliver a final report that calls for no major changes in the court’s make-up.

The report was so vanilla in its findings, in fact, that The Washington Times dubbed it “toothless.”

Biden appointed the panel back in April after vengeful liberals spent months seeking to thwart former President Donald Trump’s ability to move the court to the right with three appointments in four years. The left made repeated demands to increase the number of justices so Biden could overload it with activist judges from the left.

In other words, liberals wanted to politicize the high court while simultaneously claiming they were “depoliticizing” it. 

Biden was noncommittal on the issue, and offered the commission idea as a way to delay it.

It’s unclear what he may do now that it’s done – Biden, after all, has had no problem lying about or reversing his former positions.

But the report itself makes it harder for Biden to claim the special panel offered him a road map to pack the court.

In addressing that section of the 294-page document, the commissioners’ summary observed, “The Commission takes no position on the validity or strength of these claims” by either side about the benefits or pitfalls of court-packing.

“Mirroring the broader public debate, there is profound disagreement among Commissioners on these issues,” the summary continued. “We present the arguments in order to fulfill our charge to provide a complete account of the contemporary Court reform debate.”

The summary notes that besides increasing the number of justices, the commission also considered ideas such as rotating judges between the Supreme Court and the lower federal courts, establishing Supreme Court panels to hear cases like appellate courts, or mandating “ideological balance.”

Ultimately, though, “most such proposals would require significant changes to our federal judicial system and offer uncertain practical benefits,” the commissioners said in the report, which they adopted unanimously.

“As we noted at the outset of this Part,” the report continued, “there is profound disagreement among Commissioners over whether adding Justices to the Supreme Court at this moment in time would be wise.”

“As a Commission we have endeavored to articulate the contours of that debate as best as we understand them, without purporting to judge the weight of any of the arguments offered in favor or against calls to increase the size of the Court.”

Liberals most likely won’t give up, and they know Biden is weak and bound for one term, if he gets that far.

But at least the commission also gave Biden a way out. 

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