Biden's SCOTUS commission gives Democrats a rallying cry
Don't pack the Supreme Court.
At least, that's what the expert commision appointed by President Biden said. Thursday night, the panel released "discussion materials" that amount to a preliminary version of its anticipated report. Although they endorsed some possible reforms, most commissioners concluded that increasing the number of justices to boost Democrats' influence risks the court's legitimacy.
The result is not unexpected, but the commission's findings were a blow to progressives' goals. Fearful of the court's 6-3 conservative majority and angered by the Senate's refusal to consider former President Barack Obama's nomination of Merrick Garland (now Biden's attorney general), they hoped this report would build momentum for more sweeping change. "The GOP's rigged bench is contorting our laws and issuing decisions that do not reflect, understand, or serve the people the court is meant to represent," said Sen. Ed Markey (D-Mass.) and Reps. Jerry Nadler (D-N.Y.), Hank Johnson (D-Ga.), and Mondaire Jones (D-N.Y.) in a statement Thursday. "We must pass legislation to expand the Supreme Court."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
One proposal the commission viewed more favorably was term limits for Supreme Court justices. An 18-year rotating schedule would open two seats during each four-year presidential term and could lower the temperature of national politics and create a sense of bipartisan balance. The problem, commissioners noted, is that implementing this idea would require a constitutional amendment. Under today's polarized conditions, that's very unlikely to happen.
Yet with the court stuck as-is for the foreseeable future, progressive criticisms of the commision's conclusions shouldn't necessarily be taken at face value. Though they decry the court's swing to the right, Democrats know upcoming decisions on abortion, guns, and other culture war issues could help them mobilize dispirited supporters in 2022 — and perhaps 2024.
One reason the Supreme Court acquired its present exaggerated significance is that members of Congress relish the opportunity to run against a hostile court. When liberals dominated the judiciary, that strategy helped build the conservative movement — and the modern Republican party. Now it may be Democrats' turn to rail against tyrants in black robes.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Samuel Goldman is a national correspondent at TheWeek.com. He is also an associate professor of political science at George Washington University, where he is executive director of the John L. Loeb, Jr. Institute for Religious Freedom and director of the Politics & Values Program. He received his Ph.D. from Harvard and was a postdoctoral fellow in Religion, Ethics, & Politics at Princeton University. His books include God's Country: Christian Zionism in America (University of Pennsylvania Press, 2018) and After Nationalism (University of Pennsylvania Press, 2021). In addition to academic research, Goldman's writing has appeared in The New York Times, The Wall Street Journal, and many other publications.
-
Today's political cartoons - November 2, 2024
Cartoons Saturday's cartoons - anti-fascism, early voter turnout, and more
By The Week US Published
-
Geoff Capes obituary: shot-putter who became the World’s Strongest Man
In the Spotlight The 'mighty figure' was a two-time Commonwealth Champion and world-record holder
By The Week UK Published
-
Israel attacks Iran: a 'limited' retaliation
Talking Point Iran's humiliated leaders must decide how to respond to Netanyahu's measured strike
By The Week UK Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published
-
Cuba's energy crisis
The Explainer Already beset by a host of issues, the island nation is struggling with nationwide blackouts
By Rebekah Evans, The Week UK Published
-
Politicising the judiciary: Mexico's radical reform
Talking Points Is controversial move towards elected judges an antidote to corruption in the courts or a 'coup d'état' for the ruling party?
By The Week UK Published
-
Putin's fixation with shamans
Under the Radar Secretive Russian leader, said to be fascinated with occult and pagan rituals, allegedly asked for blessing over nuclear weapons
By Harriet Marsden, The Week UK Published
-
A brief history of third parties in the US
In Depth Though none of America's third parties have won a presidential election, they have nonetheless had a large impact on the country's politics
By Joel Mathis, The Week US Last updated
-
Chimpanzees are dying of human diseases
Under the radar Great apes are vulnerable to human pathogens thanks to genetic similarity, increased contact and no immunity
By Harriet Marsden, The Week UK Published
-
Deaths of Jesse Baird and Luke Davies hang over Sydney's Mardi Gras
The Explainer Police officer, the former partner of TV presenter victim, charged with two counts of murder after turning himself in
By Austin Chen, The Week UK Published
-
Quiz of The Week: 24 February - 1 March
Puzzles and Quizzes Have you been paying attention to The Week's news?
By Sorcha Bradley, The Week UK Published