Commentary On April 9, 2021, U.S. President Joseph Biden signed an Executive Order on the Establishment of the Presidential Commission on the Supreme Court of the United States. The Commission will be composed of “not more than 36 members appointed by the President.” According to Section 3(a) of the Order, the Commission’s task is to produce a report that provides an account of the “contemporary commentary and debate about the role and operation of the Supreme Court … and about the functioning of the constitutional process by which the President nominates and, by and with the advice and consent of the Senate, appoints Justices to the Supreme Court.” The Commission is also required to provide an “analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals.” A perfunctory reading of the Order does …
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