Court Packing & Why It Is a Threat to American Democracy

President Biden’s Administration has launched its court packing commission.



Today on Sekulow, we discussed President Biden’s new commission on the judiciary. Is this the Biden Administration’s court packing commission?



They’d like somewhere between nine and fifteen members of this commission, which is likely what they’d prefer on the U.S. Supreme Court. Chairing President Biden’s commission on the judiciary is his former campaign attorney, Bob Bauer. This is someone who only works for liberals, chairing this commission. That tells you a lot.

President Biden is strategically installing a partisan attorney as chairman of this commission. This attorney is not only partisan, he’s also a proponent of term limits on federal judges, which are currently lifetime appointments under the Constitution. Changing that would require a constitutional amendment. Instead of packing the courts with new justices or judges, you just give them an expiration date and they are automatically removed.



The Biden Administration is using your taxpayer dollars to pay for a commission that is supposed to be bipartisan. Another commission appointee, Caroline Fredrickson, the former president of the American Constitution Society, which sounds like a conservative organization but is in fact a far Left one, is in favor of packing the courts.



My dad, ACLJ Chief Counsel Jay Sekulow, emphasized what the Biden Administration is trying to do with this commission:

"They would like to literally do what FDR tried to do, which is pack the Supreme Court of the United States because they know that the Court leans conservative now, 6-3, and probably that way for at least twenty more years. So this is a, I would call it, a desperate effort to do this. They are trying to do it. They put this commission together. They’re trying."

ACLJ Senior Counsel Andy Ekonomou furthered my dad’s point when he said:

"The interesting thing that I find is that when FDR attempted to pack the court in the 1930’s to get his New Deal legislation through, because the Supreme Court was declaring all his acts unconstitutional and that issue was brought up before then-Senator Joe Biden; he called it a ‘boneheaded scheme.’ Suddenly, it is not so boneheaded. In fact, it is something that he is putting together a commission for. I know what they are going to come back to do. They’re going to come back and say we need to add justices. We need to have term limits on federal judges. This scheme is nothing new."

Judges are supposed to be above the political fray and this scheme puts them squarely in it.



The full broadcast is complete with much more analysis by our team of the Biden Administration’s new commission on the judiciary and what could come of it.