But while Mr. Biden, a former chairman of the Senate Judiciary Committee, has asserted that the system of judicial nominations is “getting out of whack,” he has declined to say whether he supports altering the size of the court or making other changes — like imposing term limits — to the current system of lifetime appointments.
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The president understands, they said, that changes to the size of the court, or limitations on the length of time that a justice can serve, would be “reforms for the ages” that would have far-reaching implications for the courts for decades, not just during Mr. Biden’s time in office.
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“There’s growing recognition that the Supreme Court poses a danger to the health and well-being of the nation and even to democracy itself,” said Aaron Belkin, the director of the group Take Back the Court. “A White House judicial reform commission has a historic opportunity to explain the gravity of the threat and to help contain it by urging Congress to add seats, which is the only way to restore balance to the court.”
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The commission’s members include liberal scholars like Laurence H. Tribe, a professor emeritus at Harvard Law School and a leading progressive voice in the legal community, and Caroline Fredrickson, the former president of the American Constitution Society.
But progressives may balk at some of the conservative members of the commission. They include: Jack Goldsmith, a Harvard Law School professor who was a top Justice Department official under President George W. Bush; Adam White, a resident scholar at the American Enterprise Institute and a professor at George Mason University’s Antonin Scalia Law School; and Keith E. Whittington, a professor of politics at Princeton University who takes an “originalist” view of the Constitution.
