By Chase Wheaton
President Biden recently upheld what is probably one of his most contentious campaign promises by establishing a commission of 36 experts and scholars to study the Supreme Court, and while conservatives may be up-in-arms about what this could mean for the future of the Court, progressives are relieved that we may finally see some long overdue change to this powerful institution. And although, personally, I am not expecting much tangible reform to come from either this commission or the Biden administration, it is nevertheless a step in the right direction and proof of the impact that progressive ideologies have had on President Biden’s agenda and his priorities in office.
The Supreme Court is arguably the most powerful body of people in our country when you consider the “terms and conditions” of their appointments and their role in our government. The Court is made up of a group of nine people who are appointed to their positions for the remainder of their lives, who are not overseen or held accountable by any other agency, group, or election process, and who have the authority to deem any federal law, statute, or code as unconstitutional with a single metaphorical stroke of their pens. Some of the most historic and significant changes in our country have resulted from decisions made by the Supreme Court, and while many of those have been positive and have contributed to the overall progress of our nation, the dangerous ideologies of the Trump-era Republican party, and presumably, its judiciary appointees, leave millions of Americans in fear that many of their human rights will be eliminated in future decisions made by the Court.
Some Republicans may view that last statement as an exaggeration, but I don’t think the Republican party is in a position to make any sort of commentary about the Supreme Court given how they’ve approached the judicial branch of our government over the last five years. To me, it is the pinnacle of hypocrisy that conservatives are upset about President Biden’s approach to this judicial reform, considering they’ve made a complete mockery of the rules and precedents of the judicial appointment process the last few years, particularly in relation to the Supreme Court. Since Sen. Mitch McConnell, R-KY, as majority leader blocked former President Obama’s nomination of Merrick Garland to the Court, Republicans, at every turn, have collectively done whatever best suits their own interests and motives to successfully create a 6-3 conservative majority. And now they’re upset that the president is establishing a commission to simply explore the potential impacts of judicial reform? Unbelievable.
Either way, regardless of the current makeup, I think it’s time for much-needed change to the Supreme Court’s structure. There haven’t been any meaningful attempts at reforming SCOTUS since FDR last tried in the mid-1930s, nearly 90 years ago, and you’d be hard-pressed to convince me that the judicial needs of our country haven’t changed significantly since then. For now, I’ll begin my 180-day countdown and wait to read what exactly this commission comes up with, and what it’ll mean for the future of the highest court in the land, before I get too carried away fantasizing about the possibility of real judicial progress and change.