Reflections of a Supreme Court Commissioner

22 Pages Posted: 15 Dec 2021

See all articles by William Baude

William Baude

University of Chicago - Law School

Date Written: December 10, 2021

Abstract

In 2021, President Joseph Biden convened a presidential commission to consider proposals to reform the Supreme Court. Dozens of witnesses dressed up to provide live testimony to the commission, thousands of people wrote in with additional testimony, and the commission ultimately sent the President a 294-page report. I served on that commission and agreed to submit our report to the President. But much is lost in committee. So in case they are of interest, here are my own views on the subjects we considered.

In keeping with the structure of the commission’s report, Part I addresses background, Part II addresses court packing, Part III addresses term limits, Part IV addresses jurisdiction stripping and related reforms, and Part V addresses the shadow docket. Part VI addresses the commission itself.

Keywords: Supreme Court, Court-Packing, Commission, Reform, Procedure, Transparency

Suggested Citation

Baude, William, Reflections of a Supreme Court Commissioner (December 10, 2021). Available at SSRN: https://ssrn.com/abstract=3982144 or http://dx.doi.org/10.2139/ssrn.3982144

William Baude (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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