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Presidential Commission on the Supreme Court of the United States

Appendix B: Commission Meetings, Expert Testimony, and Public Comment

President Biden established this Commission on April 9, 2021, by Executive Order 14023. Consistent with the Federal Advisory Committee Act of 1972, Public Law 92-463, 5 U.S.C. App., the Commission held public meetings on May 19, June 30, July 20, October 15, November 19, and December 7, 2021. Recordings and transcripts of those meetings, which include deliberations and statements by Commissioners, are available here (https://www.whitehouse.gov/pcscotus/public-meetings/).

Following its introductory meeting on May 19, the Commission scheduled public hearings on June 30, 2021, and July 20, 2021. Over the course of these two days, the Commission heard oral testimony from 44 experts. The materials circulated for each meeting, the recordings and transcripts of the hearings, and witnesses’ written statements are available for review at www.whitehouse.gov/pcscotus/public-meetings/. The Commission also solicited and received additional written testimony from numerous academic experts and advocacy organizations, available at www.whitehouse.gov/pcscotus/public-comments/.

In addition, the Commission received submissions from several members of Congress, current and retired federal and state judges, and members of state government.

Fifteen days prior to each public meeting, the Commission called for public comments through notices released in the Federal Register. The Commission also established a portal through which members of the general public were able to provide commentary, at regulations.gov, and maintained an email inbox for public commentary.

As discussed at the first public meeting, the Commission divided itself into subcommittees, denominated as “Working Groups,” to consider testimony and comments from outside experts, organizations, and the public, and to further research and analyze the following topics:

  • The Genesis of the Reform Debate; the Commission’s Mission; and the History of Reforms
  • Membership and Size of the Court
  • Length of Service and Turnover of Justices on the Court
  • The Court’s Role in the Constitutional System
  • The Supreme Court’s Procedures and Practices
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