supreme court reform
April 10, 2021

Senate Minority Leader Mitch McConnell (R-Ky.) led the charge in criticizing President Biden's newly-minted 36-person bipartisan commission that's been tasked with studying Supreme Court expansion and term limits for justices, among other judiciary reforms. "This faux-academic study of a nonexistent problem fits squarely within liberals' years-long campaign to politicize the Court, intimidate its members, and subvert its independence," he said in a statement Friday, a few hours after Biden ordered the formation of the commission, which has not been charged with delivering a specific recommendation at the conclusion of its report.

But McConnell most likely need not fear, write Ian Millhiser in Vox and Jonathan Turley in The Hill. Their reasons differ significantly, but the conclusions are the same — the commission looks like it'll be a dud.

That's not to say the members aren't impressive. Both Millhiser and Turley admit it features an all-star lineup of legal scholars, but the former notes that none of the leading academic proponents of Supreme Court reform were named to the commission. "In choosing the members of this commission, the White House appears to have prioritized bipartisanship and star power within the legal academy over choosing people who have actually spent a meaningful amount of time advocating for Supreme Court reforms," Millhiser writes. Subsequently, he argues, members of the Federalist Society praised the makeup of the commission, signaling that they're not threatened by it.

Turley, the Shapiro Professor of Public Interest Law at George Washington University, wasn't sold on the bipartisan angle; he believes the commission is "far from balanced," with only a handful of its members falling under the right-of-center umbrella. In the end, though, "few moderates or conservatives would put much weight in such a stacked commission," Turley writes. "Rather, it could be an effort to defuse the left while sentencing the court packing scheme to death-by-commission — a favorite lethal practice in Washington." Read more at Vox and The Hill. Tim O'Donnell

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