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Joe Biden has begun staffing a commission that would examine reforming the Supreme Court and the federal court system. The commission will supposedly be bipartisan, but we all know which side will be in the majority.
Biden floated the idea of a commission to study reforming the Supreme Court during the confirmation of Amy Coney Barrett. At that time, the radical left was advocating to put more justices on the court to flip its ideological makeup to make it friendlier to the radical liberal social agenda.
Biden said at the time he was “not a fan” of court-packing. He said in 2019 that he opposed the idea. But now that he’s president and beholden to the radicals for his election victory, it’s time to pay up.
The commission will be housed under the purview of the White House Counsel’s office and filled out with the behind-the-scenes help of the Biden campaign’s lawyer Bob Bauer, who will co-chair the commission. Its specific mandate is still being decided. But, in a signal that the commission is indeed moving ahead, some members have already been selected, according to multiple people familiar with the discussions.
Among those who will be on the commission are Cristina Rodríguez, a professor at Yale Law School and a former deputy assistant attorney general in the Obama Department of Justice, who will join Bauer as co-chair. Caroline Fredrickson, the former president of the American Constitution Society, and Jack Goldsmith, a Harvard Law School professor and a former assistant attorney general in the Bush Department of Justice, will also serve on the commission, those familiar with discussions said.
Fredrickson, a respected constitutional lawyer, had this to say about packing the court.
Fredrickson has hinted that she is intellectually supportive of ideas like court expansion. In 2019, she said in an interview with Eric Lesh, the executive director of the LGBT Bar Association and Foundation of Greater New York: “I often point out to people who aren’t lawyers that the Supreme Court is not defined as ‘nine person body’ in the Constitution, and it has changed size many times.”
This is very true and the federal judiciary certainly could do with some reforms. But the Supreme Court is the primary battleground in the culture war. We can pretend it’s “above politics” but everyone knows it isn’t. It’s besotted with politics and the political calculation of the left is simple: if they can’t get the American people to elect a radical president whose term coincides with Supreme Court openings, they’ll just manufacture a new court with more justices who will rule the way they want them to.
At bottom, this is about the left not getting their way and changing the rules to bend the court to their political will. What they can’t do at the ballot box, they will do in the courts.
I really wish Joe Biden had had the political courage to say he would pack the court with more liberals if he was elected. Then, the American people would have had a say in how the court was constructed. If the people thought more justices were needed they could have voted for Biden. If they didn’t, they could have voted for Trump.
As it is, Biden will try and effect change through the subterfuge of a commission set up to satisfy his radical left base.