The Presidential Commission on the Supreme Court of the United States is a misguided and potentially dangerous endeavor because it will feed the misperception that the justices on the Supreme Court are just partisans and politicians and lend credence to attempts to manipulate the design and structure of the judiciary in the hopes that it will produce decisions that satisfy a particular political agenda. The only reason this Commission was established is that former President Donald Trump appointed three justices to the Supreme Court of the United States during his one term, and that prompted President Joe Biden to declare when he was on the campaign trail that the Supreme Court “is getting out of whack.” If the Senate had confirmed Merrick Garland in 2016 and a President Hillary Clinton had named the replacements for Justices Anthony Kennedy and Ruth Bader Ginsburg—thereby resulting in a six-to-three split in favor of Democrat-appointed justices, those now insisting on “reforming” the Court would not be saying that the Court is “out of whack.”
