Biden commission punts on whether to recommend expanding Supreme Court

[Polybius]

Source: NBC News

WASHINGTON — President Joe Biden’s Supreme Court commission is not planning on making a recommendation on whether to expand the size of the court, according to a draft report obtained Monday by NBC News.

“The Commission takes no position on the validity or strength” of arguments for or against expanding the number of justices, the report said.

Instead, the report discusses the historical overview of court reform discussions, scenarios of expanding the Supreme Court, questions about the scope of the judiciary and judicial ethics.

The decision not to make a recommendation is likely to anger liberals who called for adding justices following the confirmation of Amy Coney Barrett.

Read more: https://www.nbcnews.com/politics/supreme-court/biden-commission-punts-whether-recommend-expanding-supreme-court-n1285492

[Autumn]

1. The supreme court is killing women and our democracy. Something must be done about them.

Before it's too late.

[Cobalt Violet]

2. Lets not do anything about them stealing 2024 and 2022 while on a roll of doing nothing.

Why fight them when we can surrender everything to them?

[bringthePaine]

3. this? after watching McAsshole blow up the concept? unreal; no wonder the left has had it...

[Rebl2]

4. It NEEDS to be done!

[NullTuples]

5. Well, our democracy was nice while it lasted...

not to mention that whole, "checks and balances" thing.

[Hoyt]

6. Wouldn't get upset if SC were expanded, but don't support doing so.

[BlueTsunami2018]

7. It's an impossibility.

I know most everyone here wants this but there’s simply no way it can happen. There’s no point in recommending it.

I know everyone is up in arms over being on the brink of losing democracy but really, that should have been something we’ve worked on for thirty years. We’ve been going down this path for a long time now and no one did anything about it. I’m really tired of repeating this but the bad guys won because they wanted it more. They did everything they needed to do to win while our guys dithered and hemmed and hawed over meaningless procedures and antiquated ideals. Democrats have never looked at this as the war that it is. Republicans never looked at it as anything but.

You can’t govern if you don’t win. They won. It’s a tough pill to swallow for those of us who have been sounding the alarm for decades now.

[Claustrum]

11. I agree with you.

But what is the point of the commission if they aren't going to make a recommendation either way?

At least say it's a impossibility because there isn't enough votes to get it rather than this bs non-answer. It angers more people than it needs to be. It's the Mueller report all over again. I am going to find all your crimes but I am not going to indict or prosecute you......

[Joinfortmill]

14. They did not win. It's not over yet.

[Elessar Zappa]

23. They haven't won.

We can still reverse course if everyone gets on board. The fascists aren’t all powerful and we’re not powerless.

[Wuddles440]

24. They may have not yet actually...

"won", but they certainly have all the infrastructure in place to all but assure their eventual victory. They adopted a long term strategy decades ago that had as one of its foundational tenets the importance of dominating the media and messaging. Once this 'battle' proved to be a relatively easy victory, the successful execution of the remainder of their plan was just a matter of time.

[Baked Potato]

8. It would be really swell to have a SC majority come 2024.

Actually, it would be swell now.

[George II]

9. Not your headline, but "punts"? There have been 9 Justices on the Supreme Court since 1869....

That's more than 150 years. I can't see the Biden Administration being bashed for not doing something that hasn't been done in a century and a half.

[NullTuples]

10. When was the last time one of the two parties tried to forcibly take over the government?

[KPN]

29. Let me guess ... never?

[Claustrum]

13. Um... I can see the Biden adminstration getting bashed from the left.

Just look at the reaction on this board.

I agree with you that the general public won't though.

[Hoyt]

21. Most definitely. Did not realize it went that far back.

[oldsoftie]

22. Your common sense means nothing here!!

Adding more to the court because we dont like the results of the last additions just opens the door for the republicans to add more when they are back in charge. And then by 2040 we have a SCOTUS with 29 justices.

[RockRaven]

12. Doesn't help when you put Federalist Society pukes on the commission...

What sort of result does anyone expect that to yield?

[turbinetree]

15. Exactly......

[turbinetree]

16. Sheldon Whitehouse.....

https://www.democraticunderground.com/100216075305

[KPN]

30. THIS ...

Time will show that any "bashing" was warranted.

[turbinetree]

31. WE will see next week when he releases this report...

and really how far the media reports this.....

[choie]

17. Did you think they'd

actually have the courage to offer anything other than weak, timid recommendations?

[Mr.Bill]

18. They would be damned whatever they recommended.

Biden doesn't need their permission to act. There are many obstacles, but they are not one of them.

[Alexander Of Assyria]

19. NBC used to be News opinion laced headline is tad misleading.

Commissions aren’t tasked with making political recommendations as is made clear in the very report NBC is pretending to factually report on…

“As a legal matter, we conclude that Congress has broad power to structure the Supreme Court by expanding (or contracting) the number of Justices. The prudential question is more difficult, and Commissioners are divided on whether Court expansion would be wise," the October report stated.

So commission concluded was not prudent to comment on expansion.

Punted or prudent? I pick the word used, not the word plucked.

[Dan]

20. You know, I suspect that you could take a few people with common sense

From the general population, that deal in reality, and come up with better opinions than the supposedly smart academics that always seem to find a chicken-shit way out of doing something because they are afraid of what someone might say.

[sinkingfeeling]

25. Maybe they should change their focus to how to convince the

public the SCOTUS isn't a political body and how we should consider it's decisions impartial.

[FBaggins]

26. That's the result that the administration wanted

It should be clear to everyone at this point that it can't happen now. If they had released a report recommending packing the courts, then the president could only fail at delivering. If their recommendation was that the court should not be expanded, then that would further hurt the chances of it happening if we somehow pick up a couple of senate seats ("even the President's commission didn't think it was a good idea" ).

So "punt" is both the right word and the right strategy for today. It's 4th and 20 and we're deep in our own territory. Punting is the right thing to do to improve the chances of scoring on our next possession.

[samsingh]

27. given the 2 idiot senators supposedly on our side, it would never get expanded.

[Escurumbele]

28. The answer is a resounding YES, expand the Supreme Court RIGHT NOW!

What is there to think about? It has to be done before they cause more damage. Kabanough must be investigated thoroughly and then impeached.

[bucolic_frolic]

32. Did they address Senate confirmation issues re: McConnell???

The Stolen Seat. The Unvetted Seat. The Rushed Vetted Seat. These are quality control issues usurped by raw political power.

[Polybius]

33. Some more news:

Biden Supreme Court study panel unanimously approves final report

A bipartisan commission tasked by the White House with exploring possible Supreme Court reforms voted unanimously Tuesday to submit the group’s final report to President Biden.

The 34-member group sounded a neutral tone across its report's nearly 300 pages, referencing “profound disagreement” over a controversial proposal to expand the number of justices, for instance, while declining to adopt a position.

Instead, the study traces the history of the court reform debate and delineates arguments for and against various proposals, occasionally noting areas of bipartisan support, as in the case of imposing term limits on the justices.

The findings, which bear the imprimatur of some of the nation’s foremost constitutional thinkers and court watchers, are likely to shape the contours of future debates over proposals such as limiting the Supreme Court's jurisdiction and providing Congress special authority to override decisions.

https://thehill.com/regulation/court-battles/584791-biden-supreme-court-study-panel-unanimously-approves-final-report

[dlilafae]

34. I sure wish he'd make up his mind...

...then commit to that!