Commentary This spring, President Biden appointed a 35-member Presidential Commission on the Supreme Court of the United States, charged with soliciting expert views, deliberating among themselves, and reporting back to him on the subject of “reforming” the nation’s highest court. The commission’s members are themselves mostly eminent scholars of the Court’s work, preponderantly but by no means exclusively liberal ones. In their two public meetings so far (via Zoom), the members have taken written and oral testimony from 45 witnesses—also various eminences of the bar and the professoriate, and also mostly liberals. Is there a crisis of public confidence in the Supreme Court, such that its “legitimacy” as an institution is threatened? Inasmuch as the Court continues—as usual—to outpoll presidents and Congress in public approval ratings, it would not appear so. (It won’t do, however, to inquire too closely into what the public actually knows about the Court’s work.) The …
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