Biden Says He'll Form a Commission to Study SCOTUS 'Reform'

AP Photo/Carolyn Kaster

Joe Biden says that if he’s elected, he will form a commission to study how to “reform” the Supreme Court. The former vice president was short on details except to say he believes the current court system is “out of whack” and needs to change.


It’s not likely this “commission” will have any power whatsoever. Biden will be perfectly free to ignore it and pack the courts any way he wants. It’s how candidates running for president generally deal with thorny issues: promise to form a commission to look into the problem.

Except the “problem” in this case is that the radicals and Biden don’t like the fact that Trump has named dozens of conservatives to the federal courts and three conservatives to the Supreme Court. Biden and the left say they believe there should be “ideological balance” in the courts — except, of course, when liberals are in power. Then, the notion of “balance” goes out the window in the name of “diversity” and competence. Obviously, a judge is considered incompetent if he wants to follow the Constitution rather than making law from the bench.

The Hill:

In an interview airing Sunday on “60 Minutes,” Biden told O’Donnell that if elected he would put together a bipartisan group to provide recommendations within 180 days on how his administration should work to reform the U.S. court system.

“If elected, what I will do is I’ll put together a national commission of, a bipartisan commission of scholars, constitutional scholars, Democrats, Republicans, liberal, conservative. And I will … ask them to over 180 days come back to me with recommendations as to how to reform the court system because it’s getting out of whack … the way in which it’s being handled,” Biden said in a video released by CBS on Thursday.

“And it’s not about court packing. There’s a number of other things that our constitutional scholars have debated and I’ve looked to see what recommendations that commission might make,” he added.


You’re either a traditionalist, a strict constructionist, or you believe the Constitution is a largely irrelevant frangible commodity that needs to be brought up to date.

Which side of the argument do you think Biden will come down on?

Actually, Biden would prefer that you not be “distracted” from his main arguments against Trump. We will find out after the election where he stands.

“I’m not a fan of court packing, but I don’t want to get off on that whole issue. I want to keep focused,” Biden told CBS affiliate WKRC in Ohio earlier this month. “The president would like nothing better than to fight about whether or not I would in fact pack the court or not pack the court, et cetera. The focus is, why is he doing what he’s doing now?”

Actually, it’s perfectly legitimate to ask what a president is going to do after getting into office. And on something as vital as the Supreme Court, he should welcome the opportunity to state his views.

Unfortunately for Biden, a healthy majority of Americans oppose the left’s court-packing schemes. So Biden doesn’t want to get voters upset about the prospect of him doing something so radical.

But as with many other issues, the radical left will not give him much of a choice. He will pack the court because the radicals tell him to and if he wants any kind of a successful presidency, he will obey.


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