President Biden recently established a commission to study overhauling the U.S. Supreme Court. He had indicated his intention to do so during the campaign.
Although it is billed as a bipartisan panel, it is difficult to believe that it will be, since the whole idea of its creation is to find the best way to add justices to erase the conservative edge now existing.
The Constitution created the Supreme Court as the third branch of government (executive and legislative being the other two), but did not set the number of justices to serve. The only provision pertaining to the court makeup was the one creating the position of a Chief Justice to preside at hearings. According to the constitution, all members are to serve during good behavior, which in essence means for life. However a justice can retire or resign, or be impeached, all of which have occurred.
During the early years of the nation’s existence, the size of the tribunal fluctuated. In 1869, Congress provided for the court to be comprised of nine members – one Chief Justice and eight associate justices. It has been that number since, more than 150 years.
Biden’s commission is comprised of 36 members, and its conclusions are to be reported to the president in six months.
It’s obvious that the Democrats are not satisfied with controlling the Presidency and Congress. Instead of letting nature take its course by replacing justices as they leave their judicial post, they want an immediate move to also take control of the top court. In fact, Democrat legislators just yesterday introduced a bill to expand the court size to 13, not waiting for the commission to complete its work.
We feel this is very dangerous. If Biden’s “court-packing” effort is successful, the court will become a political football. Its makeup could change every time the opposite party wins, resulting in turmoil.
This isn’t the first time since 1869, that a move has been made to increase the size the court. President Franklin Roosevelt tried it in 1937 because he was unhappy with negative court decisions on provisions of his “New Deal.” But he was criticized, even by members of his own Democrat Party, and abandoned his efforts.
We hope that those in Congress will use common sense and turn down any measure to pack the Supreme Court.