President Biden's Court Packing Commission Fails to Deliver for the Radical Left


Jordan Sekulow

December 7, 2021

5 min read

Radical Left



President Biden created a Supreme Court Commission by executive order in April, which was tasked with examining the impact of adding more Justices to the Supreme Court. The Biden Presidential Commission on the Supreme Court issued an approximately 300-page final report last night that ultimately had zero conclusions. What is the Left doing about it? They are putting forth legislation to expand the Supreme Court before the monumental Dobbs v. Jackson Women’s Health Organization case, which could overturn Roe v. Wade, is decided.

In the report, the Commission stated:

Although there is widespread agreement among legal scholars that Congress has the constitutional authority to expand the Court’s size, there is profound disagreement over whether Court expansion at this moment in time would be wise. We do not seek to evaluate or judge the weight of any of these arguments, and the Commission takes no position on the wisdom of expansion. 

ACLJ Director of Policy Thann Bennett discussed if he thinks the Court packing legislation will pass:

Let me first say this, I think if they had the votes in both Chambers, I think they would be taking those votes right now. . . . If it were being called up in the House of Representatives right now, I think they probably do have the votes to pass it. But when you look at the U.S. Senate . . . in a 50/50 divided Senate, I think they have a tall hill to climb. . . . Today, my biggest takeaway on the Judiciary Act and its fate, I actually think the sponsors of that . . . feel like they are in a worse place today because of this report than they were before. Because before this report, they didn’t have to engage the discussion about whether or not there was a valid play for the Judiciary Act, they just had to convince Members to vote for it. Now they sort of have to engage in both conversations, because this report takes so little positions.

The late Justice Ruth Bader Ginsburg, a known liberal, is on record agreeing with not packing the Court:

Nine seems to be a good number. It’s been that way for a long time. I think it was a bad idea when President Franklin Roosevelt tried to pack the Court.

Despite even leaders from the Left having admitted that it is a bad idea to pack the Court, legislation to do exactly that has been introduced in the House and the Senate. We cannot allow the Supreme Court to be politicized and for every President to take office and change the Court to his or her liking.

Meanwhile, our President is currently occupied with trying to convince Russian President Vladimir Putin to not invade Ukraine. President Biden and Russian President Putin concluded a two-hour online meeting in the hopes of dissuading Russia from invading Ukraine. When White House Press Secretary Jen Psaki was asked prior to the call what consequences the U.S. was prepared to present to Russia if they go through with an invasion into Ukraine, she responded:

Well, again, I think that it is not about threats; it’s about conveying that the right path forward here is through diplomacy. In the meantime, on financial sanctions, we’ve consulted significantly with our allies and believe we have a path forward that would impose significant and severe harm on the Russian economy. You can call that a threat. You can call that a fact. You can call that preparation. Whatever you want to call it.

ACLJ Senior Advisor for National Security and former Acting Director of National Intelligence Ric Grenell explained this flawed U.S. strategy:

Let’s hope the United States strategy is not simply to try to get the Europeans to be tough. Because if that is our strategy, I can tell you we are already failing and we are going to fail. The United States has already given the Russians an amazing pipeline of leverage into Europe. So, they pocketed that pipeline and are now looking to do more within Europe, and that’s why they’ve got more than 170,000 troops on the Ukrainian border. Remember, they have already grabbed Crimea. There was really not a reaction that made any difference from the Europeans or from the Obama-Biden Administration. So, you really have the Russians knowing exactly who Joe Biden is and they are reacting accordingly.

As we find out more information about the phone call between these two leaders, we will provide you with more analysis. While we are fighting at the Supreme Court and on the international stage, we want to remember those who gave the ultimate sacrifice in the attack on Pearl Harbor on this day 80 years ago. We honor them, and the brave heroes who defended our country.

Today’s full Sekulow broadcast is complete with even more analysis of the Presidential Commission’s final report on packing the Supreme Court and the phone call between President Biden and President Putin.

Watch the full broadcast below.

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