On Wednesday, First Liberty Institute submitted a public comment to the Presidential Commission on Supreme Court of the United States (“Commission”) on behalf of more than 400,000 Americans. The comment, authored by First Liberty Institute and signed by leaders including former Attorney General Ed Meese, Rev. Franklin Graham, Brent William Gardner, Jenny Beth Martin, Bishop E.W. Jackson, Penny Nance, Daniel Garza, and others warns that the court-reform proposals debated by the Commission are dangerous, threatening religious liberty, and undermining judicial independence.
A copy of the public comment can be viewed at SupremeCoup.com.
“Court-packing is a horrible, dangerous idea that Americans view as an act of pure political revenge, threatening our courts and the civil liberties of all Americans,” said Kelly Shackelford, the comment’s author, coalition organizer, and President, CEO, & Chief Counsel to First Liberty Institute. “An independent judiciary is an essential check on the power of the executive and legislative branches and the fleeting political whims of the culture that preserves our constitutional republic.”
The Commission, formed by President Joe Biden by Executive Order earlier this year, invited public comment on potential “reforms” to the judiciary, including adding seats to the Supreme Court (or “court-packing”). The Commission heard from witnesses over the summer concerning a variety of radical court reform measures ranging court-packing to stripping jurisdiction from the court to requiring a supermajority of the Justices in order to invalidate an act of Congress (known as “judicial review”). The Commission is set to meet again on October 15 and will meet a few more times before releasing its report before it disbands in November.
In April, the Wall Street Journal reported on polling indicating that 68% of American voters oppose court-packing. The Washington Examiner, in June, reported that a supermajority (69%) of voters reject any proposed court reform measure requiring a constitutional amendment.