On December 7, 2021, the Presidential Commission on the Supreme Court of the United States filed its final report with the White House. Please click here to download the report. The 34-member bipartisan Commission was established by President Biden on April 9, 2021. Its charge was not to make specific recommendations, but rather to provide an analysis of the principal arguments for and against reforms of the Supreme Court that have been the subject of debate and discussion in recent years. The most controversial of these reforms are adding additional justices, establishing term limits, limiting the Court’s jurisdiction, and restricting the Court’s so-called “shadow docket.”
Not surprisingly, the Commission, comprised of Democratic and Republican members did not reach consensus on any of the most controversial issues. However, the Final Report is a scholarly document that does reflect a consensus on some issues (e.g., continued audio livestreaming of oral arguments, an advisory code of conduct for the justices and transparency for the shadow docket). It also includes a detailed historical analysis of some features of the Supreme Court’s practices and procedures, and drafts of changes that would have to be made in statutes to implement certain reforms.