Commission on Changing Supreme Court Skeptical About Adding Justices

A commission formed by President Biden to study potential changes to the Supreme Court expressed concerns over calls to expand the size of the court, with some members warning it would “undermine, rather than enhance” its legitimacy.

Documents released Thursday outlined a range of options that the 36-member panel prepared to discuss at a public meeting Friday. The commission is expected to issue a final report in mid-November amid calls by progressives in the Democratic Party to expand the number of seats, a measure Republicans oppose.

The commission’s members are set to discuss the draft materials, which lay out the history of the court and arguments in support and opposition to possible changes, including its size and the length of service and turnover of justices. The commission said it received testimony from 44 witnesses, written statements from 23 experts and 6,500 submissions of public comment.

One of the discussion documents said commission members were divided over whether expanding the Supreme Court would be wise, with some expressing concern it would hurt the court’s legitimacy and its role in the constitutional system. “There are significant reasons to be skeptical that expansion would serve democratic values,” the document said.