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We the People

The Biden Supreme Court Commission

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 22 October 2021

⏱️ 53 minutes

🧾️ Download transcript

Summary

On April 9, 2021, President Biden issued Executive Order 14023 forming the Presidential Commission on the Supreme Court of the United States. The Commission is comprised of a bipartisan group of experts on the Court—from former federal judges and practitioners, to legal scholars and historians—who have been tasked with analyzing arguments and the merits and legality of proposals in the current public debate for and against Supreme Court reform. Last week, after months of research and expert testimony, the Commission released discussion materials in the form of five separate reports. It then held a public hearing to discuss the various topics and reform ideas presented, including whether to enact Supreme Court term limits, increase the number of justices on the Court, or reexamine the Court’s practices and procedures. Its final report is expected on November 14. Two of the scholars who testified before the Commission—Jamal Greene of Columbia Law School and Michael McConnell of Stanford Law School—join host Jeffrey Rosen on this week’s episode to discuss the Commission, which reforms they are evaluating have bipartisan support and might be achievable—and whether they should and can be enacted. The work of the National Constitution Center’s Constitution Drafting Project—which both Greene and McConnell participated in as well—was also cited in both the Commission materials and in expert testimony. Visit https://constitutioncenter.org/debate/special-projects/constitution-drafting-project for more info. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

Hello, I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.

0:12.0

The National Constitution Center is a

0:13.8

nonpartisan nonprofit chartered by Congress to increase awareness and

0:18.4

understanding of the Constitution among the American people. Last week, the Presidential Commission on the Supreme Court of the United States

0:26.0

released its initial findings after months of research and expert testimony.

0:32.0

Two of the very distinguished scholars who testified before the Commission

0:35.5

join us on this week's episode to discuss the initial findings and potential reforms of the Supreme

0:42.3

Court.

0:43.0

Michael McConnell is the Richard and Francis Mallory professor and director of the Constitutional Law Center at Stanford Law School,

0:50.0

and a senior fellow at the Hoover Institution.

0:52.6

He previously served as a circuit judge on the United States Court of Appeals

0:56.3

for the Tenth Circuit.

0:57.5

Michael, it is wonderful to have you back on the show.

1:00.0

Always enjoy it.

1:01.5

And Jamal Green is Dwight, Professor of Law at Columbia Law School.

1:05.5

He is the author of the new book How Rights Went Wrong.

1:09.1

Jamal, it is wonderful to have you back on the show as well.

1:12.4

Thank you, Jeffrey.

1:13.0

Good to be here.

1:14.1

Let's jump into the question of court expansion.

1:18.6

The commission concluded as a legal matter,

1:21.3

we conclude Congress has the power to structure the Supreme Court by expanding

...

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