by Donna Martinez
Former Senior Writer and Editor, John Locke Foundation
Candidate Joe Biden told CBS News he would appoint a commission to look at the federal court system because they are ‘out of whack.’ He said it wasn’t about court packing, but other things. Now that commission is being assembled, according to politico.com. Will it be partisan in nature? Well, take a look at who is set to co-chair. (emphasis is mine).
The commission will be housed under the purview of the White House Counsel’s office and filled out with the behind-the-scenes help of the Biden campaign’s lawyer Bob Bauer, who will co-chair the commission. Its specific mandate is still being decided. But, in a signal that the commission is indeed moving ahead, some members have alreadybeen selected, according to multiple people familiar with the discussions.
Mr. Bauer is reported to be a proponent of term limits. The Leftist wing of the Democrat Party appears to be all-in on reform — defined as packing the Supreme Court.
Progressives’ push to expand the Supreme Court was reenergized after Democrats won both Georgia Senate runoff races in January, giving them control of the White House and Congress for the first time since 2010.
But any major structural reform would still be a heavy lift, as several Democratic senators have signaled their opposition to such measures. Senate Majority Leader Chuck Schumer said Monday he was waiting for Biden’s commission to decide a path forward on reforms to the Supreme Court.
“President Biden has put together this commission to come up with a report in 180 days,” he said in an MSNBC interview this week. “We’re going to see what the commission says and go from there.”
Note the final words — and consequential words — of that statement: “and go from there.”
Why is the Left so worried about the federal courts? Because the Trump administration transformed the federal court system with huge numbers of appointments of more conservative judges, and not just to the Supreme Court. More than 230 judges now sit on federal courts as Trump appointees.
Locke’s Mitch Kokai reviews the Trump impact and reminds us of this truism: elections have consequences.