Presidential Commission on the Supreme Court of the United States
Executive Order 14023 established this Presidential Commission on the Supreme Court of the United States. The Order directed the Commission to provide an account of the current debate over the “role and operation of the Supreme Court in our constitutional system” and 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.”
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.
The Report also analyzes the constitutional and other legal requirements that would have to be met or resolved to implement the reforms.
The President made plain in public statements and in his Executive Order that he was seeking a Report reflecting bipartisan, diverse perspectives from Commissioners “having experience with and knowledge of the Federal judiciary and the Supreme Court of the United States.” As would be expected, the Commissioners appointed by the President hold various and sometimes opposing views on the legal and policy issues raised in the Court reform debate, and disagreements are noted at various points in the analysis. The Executive Order does not call for the Commission to issue recommendations, but the Report does provide a critical appraisal of arguments in the reform debate.
Given the size and nature of the Commission and the complexity of the issues addressed, individual members of the Commission would have written the Report with different emphases and approaches. But the Commission submits this Report by unanimous vote, in the belief that it represents a fair and constructive treatment of the complex and often highly controversial issues it was charged with examining.
December 2021 | 1
