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BumRushDaShow

(128,441 posts)
Fri Apr 9, 2021, 11:18 AM Apr 2021

BREAKING: Biden Creating Commission to Study Expanding the Supreme Court

Source: New York Times

WASHINGTON — President Biden on Friday will order a 180-day study of adding seats to the Supreme Court, making good on a campaign-year promise to establish a bipartisan commission to examine the potentially explosive subjects of expanding the court or setting term limits for justices, White House officials said. The president acted under pressure from activists pushing for more seats to alter the ideological balance of the court after President Donald J. Trump appointed three justices, including one to a seat that Republicans had blocked his predecessor, Barack Obama, from filling for almost a year.

The result is a court with a conservative 6-3 tilt after the addition of Mr. Trump’s choices, including Justice Amy Coney Barrett, who was confirmed to replace Justice Ruth Bader Ginsberg just days before last year’s presidential election. But while Mr. Biden, a former chairman of the Senate Judiciary Committee, has asserted that the system of judicial nominations is “getting out of whack,” he has declined to say whether he supports altering the size of the court or making other changes — like imposing term limits — to the current system of lifetime appointments. It is not clear that the commission being established by Mr. Biden will by itself clarify his position. Under the White House order establishing it, the commission is not set to issue specific recommendations at the end of its study — an outcome likely to disappoint activists.

In his executive order on Friday, the president will create a 36-member commission charged with examining the history of the court, past changes to the process of nominating justices, and the potential consequences to altering the size of the nation’s highest court. The panel will be led by Bob Bauer, who served as White House counsel for former President Barack Obama, and Cristina Rodriguez, a Yale Law School professor who served as deputy assistant attorney general in the Office of Legal Counsel under Mr. Obama.

Progressives say that Republicans unfairly gained an advantage on the court by blocking Mr. Obama’s nomination of Merrick B. Garland in 2016, and they see adding seats to the court, setting term limits or instituting other changes as a way to offset the power of any one president to influence its makeup. Conservatives have decried the effort as “court-packing” similar to the failed effort by President Franklin D. Roosevelt in the 1930s.

Read more: https://www.nytimes.com/2021/04/09/us/politics/biden-supreme-court-packing.html


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BREAKING: Biden Creating Commission to Study Expanding the Supreme Court (Original Post) BumRushDaShow Apr 2021 OP
Friday dump tells you all you need to know BeyondGeography Apr 2021 #1
Friday Dump is end of day Friday edhopper Apr 2021 #3
I think the President and Dr. Biden leave D.C. early on Friday OldCicero Apr 2021 #6
Biden stayed far away from this issue during the campaign BeyondGeography Apr 2021 #10
Perhaps he didn't roll it out with an "enthusiastic" cheer squad or marching band, Politicub Apr 2021 #36
Breyer did Biden a favor by coming out against court packing BeyondGeography Apr 2021 #38
No coordination necessary. It's a priority for Biden, otherwise he would do nothing. Politicub Apr 2021 #39
Guess they know all about court packing... MiHale Apr 2021 #2
Save our Democracy! Bluethroughu Apr 2021 #4
"Manchin opposes expanding the court," in 3, 2, 1... CrispyQ Apr 2021 #5
Get statehood for DC and the two Dems in the Senate and watch Manchin become irrelevant NightWatcher Apr 2021 #7
...except Manchin can block statehood votes. Nt Fiendish Thingy Apr 2021 #8
Work towards flipping Senate seats in WI, PA, NC, FL, OH NewJeffCT Apr 2021 #16
With regards to WI AND I am no election expert In recent statewide election on April 6th went well.. usaf-vet Apr 2021 #27
Wisconsin update: Wisconsin Supreme Court says don't purge voters from rolls usaf-vet Apr 2021 #40
These boots were made for walking and walking is.. Botany Apr 2021 #9
Manchin already made his ruling dalton99a Apr 2021 #11
I am a Centrist Biden Democrat (wide term you got there CNN) WA-03 Democrat Apr 2021 #33
I am more confident now... 2naSalit Apr 2021 #12
I agree. But one is in her 80s and the other is wnylib Apr 2021 #18
There are several... 2naSalit Apr 2021 #19
I like Nikki Fried. Only Dem holding statewide office in FL. CaptainTruth Apr 2021 #25
Good to hear. Hope she runs and wins. wnylib Apr 2021 #26
My sense is that President Biden will feel like Sisyphus before this is over. BobTheSubgenius Apr 2021 #13
36 is a huge commission, nothing will be hidden at the end of the day bucolic_frolic Apr 2021 #14
Put some checks on the conservative judicial farm clubs: superpatriotman Apr 2021 #15
That too. Way past time to do something about both. nt crickets Apr 2021 #17
I hope there's a serious look at the circuit courts as well. Many of them are overloaded. Lonestarblue Apr 2021 #20
Term limiting would require an Amendment to the Constitution... Wounded Bear Apr 2021 #21
Excellent. sinkingfeeling Apr 2021 #22
I want a better system of appointing SCOTUS justices. CaptainTruth Apr 2021 #23
Undo the influence of the Federalist Society in choosing candidates for American Courts. usaf-vet Apr 2021 #32
Interesting, too, that Justice Breyer came out 2 days ago with his own criticism of altering SCOTUS peggysue2 Apr 2021 #24
Breyer should retire NOW and let Biden choose his replacement. The people have spoken! usaf-vet Apr 2021 #28
Yes, I thought I'd heard or read that Breyer was ready to retire peggysue2 Apr 2021 #31
Reduce their pension. LiberalFighter Apr 2021 #29
That goes back a century and a half FBaggins Apr 2021 #35
I would argue that it encourages them to stay on longer than they are fit. LiberalFighter Apr 2021 #41
CARPE DIEM, DEMS! Grasswire2 Apr 2021 #30
No shit! calimary Apr 2021 #42
This is amazing: "the 36-member commission." Politicub Apr 2021 #34
No matter what happens this should put some fear into the right wing eleny Apr 2021 #37

edhopper

(33,479 posts)
3. Friday Dump is end of day Friday
Fri Apr 9, 2021, 11:23 AM
Apr 2021

not Friday morning.

But because of Dems Manchin and Simena, this is a non starter.

 

OldCicero

(43 posts)
6. I think the President and Dr. Biden leave D.C. early on Friday
Fri Apr 9, 2021, 11:28 AM
Apr 2021

To return to Delaware most weekends.

Probably moves up the dump time.

BeyondGeography

(39,346 posts)
10. Biden stayed far away from this issue during the campaign
Fri Apr 9, 2021, 11:32 AM
Apr 2021

Which was not only wise and good politics but faithful to his actual views. I doubt those have changed a bit.

Politicub

(12,165 posts)
36. Perhaps he didn't roll it out with an "enthusiastic" cheer squad or marching band,
Fri Apr 9, 2021, 02:25 PM
Apr 2021

but it’s the start of a long process to address the GOP-packed judiciary.

And, the “burying a story by dumping-news-on-a-friday” notion is outdated. For political stories, Friday can be the ideal day in which to announce news. Why? Sunday political talk shows set the agenda for news in the following days. Releasing the news on Friday gives the President the benefit of a weekday news cycle AND Sunday talk shows.

And, perhaps even a bigger factor, the news follows on Breyer’s opinion about expanding the court. This places a huge spotlight on the judiciary, and the commission is Biden’s first formal volley. He is mobilizing the executive branch around the issue.

BeyondGeography

(39,346 posts)
38. Breyer did Biden a favor by coming out against court packing
Fri Apr 9, 2021, 02:31 PM
Apr 2021

Cynics might even be excused for thinking the two events were coordinated. Wingnuts can’t quite say the all the sore loser commies are set on destroying the republic now, can they?

Politicub

(12,165 posts)
39. No coordination necessary. It's a priority for Biden, otherwise he would do nothing.
Fri Apr 9, 2021, 02:50 PM
Apr 2021

This isn’t the craven Trump administration.

Joe doesn’t showboat.

Botany

(70,447 posts)
9. These boots were made for walking and walking is..
Fri Apr 9, 2021, 11:30 AM
Apr 2021

Last edited Fri Apr 9, 2021, 01:16 PM - Edit history (1)

... what they will do and one of these days
Joe will walk right over you. Are you ready Joe?
Start Walking.

Go Joe. He is not fucking around.

WA-03 Democrat

(3,037 posts)
33. I am a Centrist Biden Democrat (wide term you got there CNN)
Fri Apr 9, 2021, 02:10 PM
Apr 2021

When I look to my right and think I see a couple of our senators sitting in that section.

Biden is doing what he said he would do which is a study. If it makes sense, to help Americans, I am sure President Biden will do it.

I do not miss the days of waking up and reading QOP mobster bullshit du jour.

Biden is my Prozac!

2naSalit

(86,323 posts)
12. I am more confident now...
Fri Apr 9, 2021, 11:52 AM
Apr 2021

That Joe is the right person in the right place for the time, just Like Speaker Pelosi is in the right place when we need a master of political function in place.

wnylib

(21,340 posts)
18. I agree. But one is in her 80s and the other is
Fri Apr 9, 2021, 12:57 PM
Apr 2021

only 2 years away from that.

What up and coming Dems are of similar caliber - experienced, knowlegeable, and able to get things done?

ON EDIT: Madam VP is obviously one, and Stacey Abrams. Who else?

2naSalit

(86,323 posts)
19. There are several...
Fri Apr 9, 2021, 01:00 PM
Apr 2021

I am looking forward to seeing who they are in the next year or two. The days of all leaders being elderly is soon coming to an end.

CaptainTruth

(6,576 posts)
25. I like Nikki Fried. Only Dem holding statewide office in FL.
Fri Apr 9, 2021, 01:25 PM
Apr 2021

She's been criticizing DeSantis like she wants his job (& I hope she gets it!) & not long ago Kamala came to FL & met with her, photo-op etc., which tells me the administration & the party at the national level recognizes her potential.

BobTheSubgenius

(11,559 posts)
13. My sense is that President Biden will feel like Sisyphus before this is over.
Fri Apr 9, 2021, 12:19 PM
Apr 2021

The SCOTUS majority is the absolute bedrock of GOP Grand Strategy and they will not give it up without figurative blood being shed.

bucolic_frolic

(43,044 posts)
14. 36 is a huge commission, nothing will be hidden at the end of the day
Fri Apr 9, 2021, 12:26 PM
Apr 2021

The Court has more to rule on. I find their slow pace and paltry output ridiculous. Hope they probe the slow pace of lower courts as well. And why did 45 get fast-track paths to SCOTUS, while those suing him stood in line like everyone else?

They should increase the Court's capacity for workload. And should try to find the wisdom of age without senility, and rule of law without partisanship. But my next 2 cents is there should be a minimum age, as well as a retirement age, but then I'm someone who doesn't find much wisdom, balance, or experience in 35 year olds. A judge needs the observations of decades to understand the shifts of time.

Yeah, I know. Delusions are my specialty.

superpatriotman

(6,246 posts)
15. Put some checks on the conservative judicial farm clubs:
Fri Apr 9, 2021, 12:42 PM
Apr 2021

i.e. Federalist Society, Liberty Council, Heritage, AEI, Club for Growth, etc.

Lonestarblue

(9,958 posts)
20. I hope there's a serious look at the circuit courts as well. Many of them are overloaded.
Fri Apr 9, 2021, 01:04 PM
Apr 2021

Cases languish in appeals for five or more years. That is not justice. Not only do we need more federal justices, we need more progressives to counterbalance the right-wing extremists Trump and McConnell put on the federal courts.

Wounded Bear

(58,598 posts)
21. Term limiting would require an Amendment to the Constitution...
Fri Apr 9, 2021, 01:10 PM
Apr 2021

I basically support the idea, but don't see that happening with the conserves having focused on the courts for so long.

Expanding it might be possible, but yeah, Manchin is a dire impediment to that.

Would love to see them expand the lower courts intelligently, maybe even splitting up some of the Circuits and expanding to 12-13 or so. The Ninth is huge geographically and getting pretty unmanageable in population, too.

CaptainTruth

(6,576 posts)
23. I want a better system of appointing SCOTUS justices.
Fri Apr 9, 2021, 01:17 PM
Apr 2021

My idea is to replace 1 justice every 4 years, in rotating order. That way each POTUS appoints 1 justice per term.

With 9 justices it will limit SCOTUS judges to a 36-year term. If a justice passes away a replacement can be appointed but only to serve the remainder of the 36 year term.

One way to think about it is that each of the 9 seats gets a new judge in it every 36 years, & the replacements are staggered 4 years apart so each POTUS gets to pick 1 replacement per term.

This system where one POTUS can get zero picks & the next POTUS can get 2 (or 3 or more) is inherently unfair.

usaf-vet

(6,161 posts)
32. Undo the influence of the Federalist Society in choosing candidates for American Courts.
Fri Apr 9, 2021, 02:07 PM
Apr 2021

This was particularly egregious during the tRump administration. I doubt tRump knew any of the bios of the candidates put before him.

For the most part, I believe Raymond Burr would have made it to a federal bench If he had not died in 1993. After all, he won every court case he participated in.

peggysue2

(10,823 posts)
24. Interesting, too, that Justice Breyer came out 2 days ago with his own criticism of altering SCOTUS
Fri Apr 9, 2021, 01:25 PM
Apr 2021

Breyer's basic argument is changing the number of justices would be perceived as a purely partisan act and further erode the integrity of the Supreme Court in the eyes of the public.

Of course, you could just as easily argue that Republicans have already turned the question into a partisan battle after what McConnell has done--his refusal to give Merrick Garland a hearing during President Obama's tenure and then pushing 3 highly ideological candidates onto the court during Trump's years.

At this point, the commission announcement may simply be a shot across the bow from the Biden Administration, a message for McConnell and the court as well. The Biden team has a program and policies they intend to deliver on; they will use any and all roads to reach their destination.

Could get interesting!

usaf-vet

(6,161 posts)
28. Breyer should retire NOW and let Biden choose his replacement. The people have spoken!
Fri Apr 9, 2021, 01:42 PM
Apr 2021

That would certainly help to bring the court to what Breyer thinks it is now.

peggysue2

(10,823 posts)
31. Yes, I thought I'd heard or read that Breyer was ready to retire
Fri Apr 9, 2021, 01:57 PM
Apr 2021

Then the stories changed indicating he wasn't ready, at least not yet. I'd hate to see a repeat of Ruth Bader Ginsburg where a justice's death doesn't coincide with a favorable replacement. Not that anyone could replace the iconic RBG but the ultimate choice was her absolute opposite. Purposely so, methinks.

Personally? I'd like to see term/age limits batted around for the Supreme Court.

LiberalFighter

(50,783 posts)
29. Reduce their pension.
Fri Apr 9, 2021, 01:43 PM
Apr 2021

Receiving the salary they had as their pension is wrong. Senior justices should not receive full salary either.

FBaggins

(26,721 posts)
35. That goes back a century and a half
Fri Apr 9, 2021, 02:16 PM
Apr 2021

Judges should not have a financial incentive to stay on longer than they are capable of serving well.

As FDR put it: "We think it so much in the public interest to maintain a vigorous judiciary that we encourage the retirement of elderly judges by offering them a life pension at full salary"

Grasswire2

(13,565 posts)
30. CARPE DIEM, DEMS!
Fri Apr 9, 2021, 01:44 PM
Apr 2021

Hurry, hurry, hurry!!

Seize the power granted by the American people.

Full steam ahead!

Alert the engine room!

Now is the moment to set America free from the minority's tyranny!

Politicub

(12,165 posts)
34. This is amazing: "the 36-member commission."
Fri Apr 9, 2021, 02:13 PM
Apr 2021

This isn’t some passing fancy for Biden: big change is often preceded by commissions and studies.

For an example, see how president Obama ended don’t-ask-don’t-tell in the military. It was a year-long effort that began with a study.

eleny

(46,166 posts)
37. No matter what happens this should put some fear into the right wing
Fri Apr 9, 2021, 02:29 PM
Apr 2021

And on top of that it's a lovely diversion. They like diversions. Well, back atcha.

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