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Presidential Commission on the Supreme Court of the United States

Presidential Commission on the Supreme Court of the United States DRAFT FINAL REPORT December 2021 – “…Consistent with the Executive Order, the Report identifies prominent proposals for reform and provides a critical evaluation of the strengths and weaknesses of the proposals. This appraisal includes consideration of whether specific proposals could reasonably be expected to achieve the objectives that their proponents desire. It also identifies other potential consequences that might result from the reforms, including whether and how they might affect: the critical role of the Court in our system of government, including as a guardian of the rule of law; the protection of constitutional rights, principles, or structures; the processes by which Justices are nominated and confirmed to the Court; and public opinion and perceptions of the Court…”

See also Slate – “…Court aficionados and law students with time on their hands will no doubt be thrilled by this carefully researched and thoroughly footnoted canvassing of all sides in the debate about the problems now plaguing this nation’s high court. But for those sensing the urgency of this moment and looking for guidance about how to address Mitch McConnell’s successful court packing efforts, the report does not deliver. Instead it offers Biden an excuse to do nothing. Just as he has shown little appetite for fixing the filibuster, the “the send-it-to-a-commission approach” that the president  took back in April when he appointed his blue-ribbon group succeeded in moving court reform to the back burner. Even the report’s release will not bring the Court’s problems, much less their solutions, fully into view. This lackluster result is assured because the Commission took no position on any of the most pressing issues: calls to address the successful right-wing campaign to hijack the Court,  expansion of its membership, and imposing term limits are discussed. But they are neither recommended nor dismissed…”

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