Liberals Outraged as Biden Commission Rejects Court-Packing

OPINION | This article contains the author's opinion.

Radical leftists are furious with Joe Biden.

The Left’s attempt to politicize the Supreme Court is failing.

Biden’s White House launched a “presidential commission” on the Supreme Court, but it did not endorse “court-packing.”

Court-packing is the idea of adding more justices to the Supreme Court or lower courts in order to shift the balance in a liberal direction.

This is meant to help Democrats who cannot currently appoint enough justices given the structure and limits in place.

The number of justices on the Supreme Court is not set by the Constitution, but it is determined by Congress.

When a party controls the presidency and Congress, the chances for altering the number of justices increases.

As a result of the Biden Supreme Court commission, radical far-leftists are fuming.

“This report is an abomination,” said Mark Joseph Stern, who works for the liberal news outlet Slate.

“It assumes that today’s Supreme Court is basically apolitical while fretting that reforms with any real teeth would politicize it, and potentially break democracy,” he continued.

“Republicans must be thrilled with this outcome,” he added. “It’s a gift to the GOP.”

American Constitution Society President Russ Feingold also released a statement saying, “We have said since the Commission’s beginning that for the Commission to provide a meaningful contribution to restoring the legitimacy of our judiciary, it needs to advance a specific list of Supreme Court reforms that can be acted upon in the near term.”

“The discussion materials released today unfortunately fail to match the urgency of the situation and do not lay out a solution to the legitimacy crisis before us,” he added.

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The term court-packing was coined when former President Franklin Delano Roosevelt proposed adding several justices to the Supreme Court because he was frustrated with the results of the court’s rulings. Many Democrats are proposing that same thing now. In some cases, Democrats also use the term court-packing to refer to political hardball tactics used by Republicans during standard judicial confirmations without actually expanding the number of justices – as Feingold did in his statement.

The White House has emphasized that the documents the commission released Thursday were only discussion materials, not even a draft of a final report. The commission still has some time to produce its final document. It is also notably tasked not with making recommendations but with summarizing the debate around court reform and some potential actions Congress or the White House could take on the issue.

Commission Co-Chairman Bob Bauer, a former White House Counsel to former President Barack Obama, emphasized this a Friday meeting.

“The commission has not edited the material and the material should not be understood to represent the commission’s views or those of any particular commissioner,” Bauer said. “To this point and particularly in light of some confusion and uncertainty since the posting of these materials, we refer you to the front page of each of the drafts that have been publicly posted that clearly set forth these points.”