TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 8, 2021

President Joe Biden’s special commission on the U.S. Supreme Court unanimously approved a draft final report yesterday, the National Law Journal reports. The report provides an analysis of the pros and cons of a number of reform proposals and notes “profound disagreement” among commission members on some of those proposals such as expanding the size of the court. Among its other findings, the commission said that proposals such as jurisdiction stripping and supermajority voting requirements would likely be found unconstitutional. The commission did offer three recommendations for improving transparency and public perception of the court: (1) providing more insight into the reasoning for deciding so-called “shadow docket” cases, (2) adopting an advisory code of conduct, and (3) continuing near-simultaneous audio transmission of hearings.