Washington is abuzz in the wake of President Joe Biden’s long-anticipated announcement of a 36-member commission to study the Supreme Court’s structure. Here’s the good news for friends of our widely admired system of justice: This first serious effort in 90 years to pack the nation’s highest court is doomed to fail.
Above all, there is no discernible need for even modest tinkering with the court’s architecture, much less undertaking a major structural overhaul. To the contrary, year after year, the court consistently gets its work done with laudable efficiency and high professionalism. Observers inevitably disagree with the court’s decisions, but no one seriously complains about either the court’s processes or its productivity. Even Clinton-appointed Justice Stephen Breyer has recently sounded a thoughtful note of caution as forlorn calls for significant architectural change are bandied about.
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