President Biden on Friday ordered a 180-day study of adding seats to the Supreme Court, making good on a campaign-year promise to establish a bipartisan commission to examine the potentially explosive subjects of expanding the court or setting term limits for justices.
The president acted under pressure from activists pushing for more seats to alter the ideological balance of the court after President Donald J. Trump appointed three justices, including one to a seat that Republicans had blocked his predecessor, Barack Obama, from filling for almost a year.
The result is a court with a stronger conservative tilt, now 6 to 3, after the addition of Mr. Trump’s choices, including Justice Amy Coney Barrett, who was confirmed to replace Justice Ruth Bader Ginsburg just days before last year’s presidential election.
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.
It is not clear that the commission established by Mr. Biden will by itself clarify his position. Under the White House order establishing it, the commission is not set to issue specific recommendations at the end of its study — an outcome that is likely to disappoint activists.
In his executive order on Friday, the president created a 36-member commission charged with examining the history of the court, past changes to the process of nominating justices, and the potential consequences to altering the size of the nation’s highest court.
The panel will be led by Bob Bauer, who served as White House counsel for Mr. Obama, and Cristina Rodriguez, a Yale Law School professor who served as deputy assistant attorney general in the Office of Legal Counsel under Mr. Obama.
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SOURCE: The New York Times, Michael D. Shear and Carl Hulse