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Biden’s judicial commission of inquiry blames Republicans for polarization of judiciary

President Joe Biden’s Supreme Court Expansion (or “Wrap”) Commission on Thursday released a set of draft documents accusing Republicans of the current polarization of the judiciary, due to their refusal to confirm Merrick Garland in 2016.

The “Discussion Papers,” released Thursday afternoon ahead of a day-long public hearing on Friday, include a tinkering potted history of Congress with the courts and contemplate a variety of reforms, including term limits for the court. .

In a paper on the “genesis of the reform debate,” the committee largely ignores Democrats’ efforts to politicize the confirmation process, from battles against Robert Bork and Clarence Thomas to the decision of Senate Majority Leader Harry Reid to ‘Eliminate the obstruction rule – of judicial-level candidates so Democrats can pass the candidates.

The commission also ignores how decades of liberal judicial activism on social issues have undermined the legitimacy of the courts among many Americans, and it overlooks President Barack Obama’s public reprimands of the Supreme Court on several occasions, including during his State of the Union address in 2010, when judges were prevented from responding.

In contrast, the committee takes at face value Democrats’ claims that the current composition of the court undermines its legitimacy because it has more Republican candidates and can therefore rule conservatively on social issues. He sums up the Republican response to these concerns as simply an assertion that elections have consequences, rather than noting the emphasis Republican politicians place on originality and respect for the text of the Constitution as it stands. written.

Nonetheless, the committee’s draft document warns that the enlargement of the court “could further degrade the confirmation process”. Indeed, the fact that she produced several drafts of voluminous documents, but no formal recommendations, could be a sign that the commission intends to help the Biden administration bury the problem, rather than helping them. Democrats to push it forward, as they attempted to do by proposing legislation expanding the court as soon as the commission was announced.

Read the full set of draft committee discussion papers here.

Joel B. Pollak is Senior Editor at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent eBook Ni Free ni Fair: The 2020 US Presidential Election. His latest book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is the 2018 Robert Novak Journalism Alumni scholarship recipient. Follow him on Twitter at @joelpollak.