US supreme court

Subterms

    More stories

    • 138 Shares119 Views

      in US Politics

      Should Biden reform the supreme court? Politics Weekly Extra – podcast

      by

      Last week, the US supreme court agreed to hear a case that could significantly roll back abortion rights. This week, Jonathan Freedland speaks to Christopher Kang, former deputy counsel to President Obama, about calls to restructure the highest federal court in the country

      How to listen to podcasts: everything you need to know

      Christopher Kang spent several years working in the White House when Barack Obama was in office. Now he is the co-founder and chief counsel of Demand Justice, an organisation pushing for Congress to pass a bill that would allow the addition of four seats to the US supreme court, diluting the majority conservatives currently have on the bench. Jonathan questions the consequences of such an act, whether there is another way to restore balance, and the politics behind such a radical move. More

    • 163 Shares169 Views

      in US Politics

      Trump’s revenge: tilting of supreme court to the right poised to bear fruit

      by

      Donald Trump’s presidency was capricious and chaotic, but there was one issue on which he focused with laser-like discipline: tilting the judiciary to the right.Now America is about to reap that harvest. In the next year the supreme court is set to consider healthcare, voting, LGBTQ rights, guns and, most explosively, abortion. The cases provide a vivid demonstration of how, after being rejected at the ballot box, conservative partisans could push their agenda through the courts instead.“Next year’s supreme court term is shaping up to be the revenge of Donald Trump,” said Edward Fallone, an associate professor at Marquette University Law School.It was always said that, long after the tweets and leaks were forgotten, Trump’s judicial legacy would endure. He appointed 234 judges, including 54 appellate judges, outpacing Barack Obama’s first term total of 172 and George W Bush’s 204.The blitz included three supreme court justices, most recently Amy Coney Barrett, a devout Catholic, who replaced Ruth Bader Ginsburg following the liberal linchpin’s death, handing conservatives a 6-3 majority.Just after Barrett’s arrival and Joe Biden’s victory, the court heard arguments in a new challenge to Barack Obama’s signature healthcare law, the Affordable Care Act. A decision is expected soon. If the court’s conservatives overturn Obamacare, they would succeed where Republicans in Congress failed.That outcome is seen as unlikely, but the right is expected to fare better in two cases brought by Democrats contending that voting restrictions in Arizona are racially discriminatory. A ruling, expected soon, could make it harder to challenge dozens of other Republican-led voting measures in the wake of last year’s election.Another looming case involves a Roman Catholic adoption agency in Philadelphia that argues it is entitled to discriminate against potential foster parents on the basis of sexual orientation. Arguments at a hearing last November again implied that the conservative majority will rule in favour of the agency.The supreme court’s 2020-21 term offers further flashpoints. The nine justices will review a challenge to New York’s restrictions on people carrying concealed handguns in public. It will be the court’s first major gun rights case in more than a decade, even as Biden pushes for Congress to tackle America’s firearm violence epidemic.And, it emerged this week, America’s highest court will also consider a bid to revive a Republican-backed state law that would ban abortion after 15 weeks of pregnancy. The eventual ruling could undercut the seminal 1973 Roe v Wade decision that enshrined a woman’s right to abortion nationwide.Fallone believes the move is a sign that the court’s conservatives are no longer worried about Chief Justice John Roberts casting a decisive vote against them. “The only reason to take this case would be to overturn Roe,” he said. “They’re pretty confident they can succeed without it.”Despite holding the White House and both chambers of Congress, Democrats have few options in the short term. Fallone, who unsuccessfully ran for the Wisconsin supreme court as a Democrat, added: “I don’t really think realistically that there is much that the Democrats can do about the court. The conservative majority is going to be emboldened next term.“They’ve been waiting for that moment for a long time and it’s finally going to arise. The second amendment case involving the New York law against carrying firearms openly in public is also setting up next term to be a big win for conservatives potentially as well.”A commission established by Biden to study potential changes to the supreme court held its first meeting on Wednesday. It has six months to issue a report on reforms including possibly expanding the number of justices to 13, an idea championed by some liberal activists and Democratic members of Congress.Christopher Kang, co-founder and chief counsel of the pressure group Demand Justice, said: “From the gun violence prevention case to the abortion case, the Republican super majority on the supreme court is showing that it is full steam ahead with its ultra-conservative agenda regardless of what the country thinks.“Ultimately we have to grapple with the need for structural reform of the supreme court. We’re just starting to build the education and activism around this and gaining momentum in Congress. As the supreme court continues to take these grossly political steps, unfortunately they’re going to make the argument for us about why the supreme court needs to be reformed.”A bill to expand the court was introduced in Congress last month but Democratic moderates have expressed scepticism. Kang insisted: “Sooner or later, this is going to be a question that comes to the Democrats about how we’re going to preserve our democracy. The need to add supreme court seats, regrettably, is going to become very clear within the next couple of years.”Republicans have opposed the idea of expanding the number of justices, sometimes described as “court packing” and last seriously attempted by the Democratic president Franklin Roosevelt in the 1930s. They deny that they are using the courts as a workaround to subvert democracy and impose a form of minority rule.Curt Levey, president of the rightwing advocacy group the Committee for Justice, said: “I don’t see Biden’s narrow victory as an endorsement of abortion on demand, which is pretty much the current regime or, for that matter, as an endorsement of draconian restrictions on handguns. So I guess I don’t really see it as being out of step.“I think the opposite was true for many decades where the supreme court represented elite opinion that was out of touch with the majority. Perhaps for the first time, the supreme court is more in line with the American people generally. I certainly understand why the left is upset that they’ve lost an institution that helped them to implement their agenda.”In fact Biden won the national popular vote by 7m ballots. About six in 10 Americans believe abortion should be legal in all or most cases, according to the Pew Research Center, although the partisan split over the issue has deepened in recent years.Meagan Hatcher-Mays, director of democracy policy at the grassroots movement Indivisible, said: “Most people in the United States think that abortion should be legal and easy to access so it’s not really a political winner for Republicans, especially among suburban women, to go at women’s bodily autonomy like this legislatively.“If the courts do it, then they get what they want and they don’t face any blowback for it because it wasn’t them that did it. They didn’t pass a law that says abortion is bad; they got the supreme court to do it. And so that’s what this 40-year project has been about: stacking the courts with people that are conservative loyalists and who will do the unpopular dirty work of Republicans that they can’t get done legislatively.”It is a very long game. A recent article in the Atlantic magazine noted that Trump’s judges will not reach the peak of their influence until the early 2040s, when they are likely to lead nearly every appeals court at the same time.Hatcher-Mays warned: “The lower courts also have been hijacked, frankly, by people who are loyal not just to conservative values but Republican political outcomes. That was Trump’s big legacy. Not every case goes to the supreme court; a lot of them are decided at the lower level; a lot of those people that he picked are Trumpian-type judges. So that’s really, really scary.” More

    • 163 Shares119 Views

      in US Politics

      US supreme court to hear case over right to carry concealed guns outside

      by

      The US supreme court stepped back into the gun control debate on Monday, saying it would take up a case focused on whether people can carry concealed guns outside the home in New York.The case could lead to the most consequential ruling on the scope of the second amendment in more than a decade.The case, New York State Rifle & Pistol Association v Corlett, is backed by the National Rifle Association (NRA). It seeks an unfettered right to carry concealed handguns in public. A state firearms licensing officer granted the two plaintiffs “concealed carry” permits but restricted them to hunting and target practice, prompting the legal challenge.It will come before a conservative-leaning court. The court’s 6-3 rightwing majority, entrenched by three appointments under Donald Trump, is seen as sympathetic to an expansive view of second amendment rights.The debate over gun control in the US has intensified amid a spate of mass shootings, including one at a FedEx facility in Indianapolis on 15 April in which a gunman killed eight people and then himself and two in less than a week in March, one in Georgia and the other in Colorado, that left 18 dead.In 2008, the supreme court recognized an individual’s right to keep guns at home for self-defense. In 2010 the court applied that right to the states. The plaintiffs in the New York case want that right to be extended beyond the home.Lower courts threw out out their case, rejecting the argument that the New York restrictions violated the second amendment right to keep and bear arms.A ruling invalidating the New York law could imperil laws in other states with criteria for concealed-carry licenses. Seven other states and the District of Columbia give authorities more discretion to deny concealed firearm permits.A ruling against New York could also force lower courts to cast a skeptical eye on new or existing gun control laws.Gun control advocates are concerned the conservative supreme court justices could create a standard for gun control that will threaten measures already implemented, such as expanded criminal background checks for gun buyers and “red flag” laws targeting the firearms of people deemed dangerous by the courts.Republicans and gun rights advocates have pressed the justices to take up a new case and further extend gun rights. Last year, the court sidestepped a ruling in an NRA-supported challenge to a New York City restriction on transporting firearms outside the home, because the city had rolled back the regulation. More

    • 200 Shares179 Views

      in US Politics

      ‘It would be glorious’: hopes high for Biden to nominate first Black woman to supreme court

      by

      Joe Biden’s promise to nominate an African American woman to the supreme court for the first time holds broad symbolic significance for Darlene McDonald, an activist and police reform commissioner in Salt Lake City, Utah.But McDonald has specific reasons for wanting a Black woman on the court, too.When Chief Justice John Roberts asserted in 2013 that federal oversight of voting in certain southern states was no longer needed because “things have changed dramatically” since the civil rights era, McDonald said, he revealed a blindness to something African American women have no choice but to see.“I believe that if Chief Justice Roberts had really understood racism, he would never have voted to gut the Voting Rights Act,” McDonald said, adding that hundreds of voter suppression bills introduced by Republicans in recent months suggest things have not “changed dramatically” since 1965.“Myself, as an African American woman, having that representation on the supreme court will be huge,” McDonald said, “especially in the sense of having someone that really understands racism.”The gradual diversification of US leadership, away from the overwhelming preponderance of white men, towards a mix that increasingly reflects the populace, was accelerated by the election last November of Kamala Harris, a woman of color, as vice-president.Black women have been overlooked in terms of their values and what they have to bring to society as well as to the benchNow enthusiasm is building around a similarly historic leap that activists, academics and professionals expect is just around the corner: the arrival on the court of a justice who would personify one of the most historically marginalized groups.“Black women have been overlooked for decades and decades in terms of their values and what they have to bring to society as well as to the bench,” said Leslie Davis, chief executive of the National Association of Minority and Women Owned Law Firms. “We should be able to look at our highest court in the land and see the reflection of some of the folks who have made America great. And that absolutely includes Black women.”Out of 115 justices in its history, the supreme court has counted two African American justices, one Latina and just five women. The court has no vacant seats but calls are growing for Stephen Breyer, a liberal who turns 83 this year, to retire. Last month, White House press secretary Jen Psaki said Biden’s campaign commitment to nominating a Black woman “absolutely” holds.“This is a big moment in the making,” said Ben Jealous, president of People For the American Way, which recently launched the Her Fight Our Fight campaign to support and promote women of color in government and public service roles.“The presumption is that whomever Biden nominates, the first Black woman to the supreme court would be filling both the shoes of Ruth Bader Ginsburg and Thurgood Marshall,” said Jealous.The late Ginsburg, a pioneering lawyer for women’s rights, was succeeded last fall by the conservative justice Amy Coney Barrett. Marshall was succeeded in 1991 by the George HW Bush appointee Clarence Thomas, who “is anathema to everything that the civil rights community stands for”, Jealous said.“It would be both glorious and a relief to have a Black woman on the supreme court who actually represents the values of the civil rights community, and the most transformative lawyers in our nation’s history.”Tomiko Brown-Nagin, a civil rights historian, dean of the Harvard Radcliffe Institute and professor of constitutional law, said having qualified federal judges who “reflect the broad makeup of the American public” would strengthen democracy and faith in the courts.“It’s an important historical moment that signifies equal opportunity,” Brown-Nagin said. “That anyone who is qualified has the chance to be considered for nomination, notwithstanding race, notwithstanding gender. That is where we are. In some ways, we shouldn’t be congratulating ourselves, right?”Brown-Nagin pointed out that a campaign was advanced in the 1960s to nominate Constance Baker Motley, the first Black woman to sit as a federal judge, but some Democratic allies of President Lyndon Johnson opposed such a nomination because they saw it as too politically risky.“This moment could have happened 50 years ago,” Brown-Nagin said.Daniel L Goldberg, legal director of the progressive Alliance For Justice, said to call the moment “overdue” did not capture it.“It is stunning that in the entire history of the republic, that no African American woman has sat on the highest court in the country,” Goldberg said. “For way too long in our nation’s history, the only people who were considered suitable and qualified for the court happened to be white males.”The first Black woman supreme court justice is likely to be nominated at a time when a renewed push for racial justice brings renewed focus on the court, which has played a key role in enforcing desegregation and reinforcing anti-discrimination laws.I would like to see someone like Sherrilyn Ifill or Lia Epperson – a woman who comes out of Thurgood Marshall’s old law firmThe killing of Daunte Wright, a 20-year-old Black man, by a white police officer outside Minneapolis last weekend during the murder trial of former police officer Derek Chauvin has sharpened cries for a national answer to serial injustice at the local level – precisely the kind of conflict that typically lands before the supreme court.“As we sit here today, and watch the trial of Derek Chauvin’s murder of George Floyd, that precipitated a summer of protests for the lives of Black people to matter – it feels that it is time for there to be a Black woman on the supreme court, because of the moment that we are in right now,” said McDonald, the Utah activist.Davis said it was “imperative” the country make strides toward racial justice after the invasion of the Capitol in January by white supremacists intent on overturning the 2020 presidential election, goaded on by a former president.“That shows that there are folks who are intentional about not seeing diversity, equity and inclusion thrive,” Davis said. “Now is the time for us as a country to recognize that until we value the voices of everyone, including Black women, we are silencing a very important part of the fabric of America.”‘A significant pool’The percentage of Black women who are federal judges – a common stepping-stone to a high court nomination – is extraordinarily small.According to the federal judicial center, the US circuit courts count only five African American women among sitting judges out of 179. There are 42 African American women judges at the district court level, out of 677.Those numbers are partly owing to Republican obstruction of Black women nominated by Barack Obama, including former seventh circuit nominee Myra Selby. She was denied a hearing in the Senate for the entirety of 2016 – a year later Republicans filled the seat with Donald Trump’s nominee: Amy Coney Barrett.“There is a significant pool of lawyers, law professors, public officials who would be viable nominees for the federal courts,” said Brown-Nagin. “The problem is not the pool.”Last month, Brown-Nagin co-signed a letter to the Senate judiciary committee supporting the nomination of district court Judge Ketanji Brown Jackson to the court of appeals for the DC district, sometimes informally referred to as the second-highest court in the land.“Her resumé virtually screams that she is an ideal nominee for an appellate court or even the supreme court, and that is because she has the combination of educational and professional experience on the federal courts that feasibly fits the mold of typical supreme court nominees,” Brown-Nagin said.“I would say it goes beyond what we’ve seen, frankly, in recent nominees to the court.”Jealous, a former president of the National Association for the Advancement of Colored People (NAACP), said he would like to see a nominee “who cut their teeth defending the people, not corporations”.“I would like to see someone like Sherrilyn Ifill or Lia Epperson – a woman who comes out of Thurgood Marshall’s old law firm, the NAACP legal defense fund, with a courageous commitment to defending the rights of all Americans,” he said.McDonald said having a Black woman on the supreme court would mean American history had “come full circle”.“I feel in my heart that it’s time,” she said. “Everything takes its time. And everything happens at its time. I was raised in a church, so I’m just going to say it like that.” More

    • 138 Shares99 Views

      in US Politics

      Supreme court justice Amy Coney Barrett reportedly signs $2m book deal

      by

      The former attorney general William Barr and supreme court justice Amy Coney Barrett have reportedly signed book deals – with Barrett paid a reported $2m for a volume on how judges should not bring their personal feelings into the way they rule.Barrett was appointed to the court in a hurried, politicized and bitter process last year, after the death of Ruth Bader Ginsburg, a champion of progressive values.Barrett is a strict Catholic and her presence on the 6-3 conservative court has given rightwing campaigners hope it will soon strike down Roe v Wade, the 1973 ruling which established the right to abortion.An unnamed source who spoke to Politico said Barrett’s advance was “eye-raising”. A spokesperson for the court did not comment.Barr, who was also attorney general under George HW Bush, is also a strict Catholic conservative. Politico reported that he had begun work on his memoir about working for Donald Trump.Legal analysts decried Barr’s actions in service of the 45th president, including a highly selective handling of the special counsel Robert Mueller’s report about Russian election interference and links between Trump and Moscow and support for Trump’s authoritarian impulses in response to protests for racial justice last summer.Barr resigned in December, over the president’s lies about voter fraud in his defeat by Joe Biden.One legal professional who clashed publicly with Barr and Trump, former New York prosecutor Geoffrey Berman, is reported to have sold a book for “a lot of money”.A source told Politico Berman’s book would be “part Paul Giamatti and Billions” – a reference to a hit TV series about corporate crime in New York – “and then sort of the Trump show in the southern district [of New York]”.Books about Trump’s time in power have proved lucrative, ever since in January 2018 the Guardian broke news of Fire and Fury, the first of two White House tell-alls by the reporter Michael Wolff.The Russia investigation has been retold in print by members of the special counsel’s team including Andrew Weissmann and Peter Strzok.Jared Kushner, Trump’s son-in-law and senior adviser, is reportedly working on a book and former vice-president Mike Pence has signed a deal for two volumes. But Politico said a number of former Trump aides are struggling to find buyers.Peter Navarro, formerly a senior adviser to Trump on economics and trade, told the website: “The reports of my publishing death are greatly exaggerated. I have a major publishing agreement with an attractive advance and my book will be out shortly after Labor Day.”It was not immediately clear if Navarro would again co-operate with Ron Vara, an anti-China policy hand he has quoted liberally in previous books but who turned out both not to exist and to have for his name an anagram of “Navarro”. More

    • 175 Shares129 Views

      in US Politics

      Democrats plan to unveil legislation to expand the US supreme court by four seats

      by

      Sign up for the Guardian’s First Thing newsletterDemocrats are planning to introduce a bill to expand the supreme court – proposing to add four justices to the US’s highest court.Senator Ed Markey, and representatives Jerrold Nadler, Hank Johnson and Mondaire Jones plan to present their legislation Thursday at a news conference. The measure would expand the number of justices from nine to 13, according to Reuters, which reviewed a copy of the bill in advance of it being released publicly. Although Joe Biden announced a commission to study supreme court expansion and reform, the politically incendiary question of changing the court is unlikely to be approved.Progressives have been pushing to expand the supreme court, after Donald Trump’s three appointees tilted the judicial body sharply to the right. One of the positions that Trump filled was a seat that Republicans had blocked his predecessor, Barack Obama, from filling in 2016 – arguing that the winner of that year’s election should choose whom to nominate for the vacant. But last year, Republicans reversed course – rushing to approve ultra-conservative justice Amy Coney Barrett weeks before the 2020 election.Discussions over reforming the court have taken on new urgency in recent months as the court is poised to address key questions on voting rights, reproductive rights and environmental protections.Who agrees that we should expand the Supreme Court?— Ed Markey (@EdMarkey) April 15, 2021
      Republicans and many moderate Democrats have opposed the idea of expanding the court, or what they sometimes call “court packing”.The Senate Republican leader, Mitch McConnell, said the idea of expanding the court was “a direct assault on our nation’s independent judiciary and yet another sign of the Far Left’s influence over the Biden administration”.Biden has not taken a clear position on expansion. In the past, he has said he’s “not a fan” of the idea.Last week, he created a bipartisan, 36-member commission aimed at studying the history of the court and analyzing the potential consequences to altering its size. The commission is lead by Bob Bauer, the former White House counsel for Obama, and Cristina Rodriguez, a Yale Law School professor who served as deputy assistant attorney general in Obama’s Office of Legal Counsel. But it is unclear what the impact for the commission would be – as it is not required to produce definitive recommendations. More

    • 150 Shares119 Views

      in US Politics

      The Agenda review: why Biden must expand the supreme court – fast

      by

      If Congress follows Joe Biden’s $1.9tn Covid relief bill with an even more ambitious infrastructure bill, the new president could quickly claim the mantle of most transformative president since Franklin D Roosevelt.But this short, powerful new book by the legal journalist Ian Millhiser pinpoints the gigantic threat that could thwart most of the progress embodied in those two pieces of landmark legislation: the new 6-3 conservative majority on the supreme court.Writing clearly and succinctly, Millhiser dissects many of the worst opinions the modern court has rendered about voting rights, administrative law, religion and forced arbitration. After reading his cogent arguments, it becomes perfectly obvious why he thinks it’s necessary to end “with a note of alarm”.The extreme conservatives now steering the highest court may pose the single greatest “existential threat to the Democratic party’s national ambitions – and, more importantly, to liberal democracy in the United States … a Republican supreme court will fundamentally alter the structure of the American system of government” and “is likely to build a nation where … only conservatives have the opportunity to govern”.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three on the supreme courtHow radical are these justices? When the American Bar Association polled experts, 85% of them predicted all or most of the Affordable Care Act would be upheld. Then four supreme court justices voted to repeal it in its entirety. Clarence Thomas has suggested his predecessors were absolutely right to strike down child labor laws more than a century ago. The conservative justices on the current court rarely side with their liberal colleagues in 5-4 decisions – Samuel Alito has never done so. Chief Justice John Roberts dismantled much of the Voting Rights Act in 2013 and many observers think he is likely to join his newest colleague, Amy Coney Barrett, in a ruling this term that could complete the evisceration of the landmark civil rights legislation.Of course, most of the damage to voting rights has been done – and scores of state legislatures are poised to follow the loathsome example of Georgia by doing everything they can to make minority voting every more difficult than it already is.Millhiser does an especially good job of explaining the catastrophic effect of Roberts’ decision to no longer allow the justice department to require local jurisdictions to submit proposed voting rights law changes before they go into effect.This, he writes, gave state lawmakers “a profound incentive to enact gerrymanders and other forms of voter suppression even if those laws will ultimately be invalidated by a court order”, because “if the state gets to run just one rigged election under the invalid law”, it will already have advanced the racist goals of the law’s authors.Millhiser’s book is bulging with examples that prove that the same Republican justices who proclaim the need to rein in the executive branch whenever there is a Democrat in the White House have no trouble at all ignoring their imaginary “judicial philosophies” – as soon, say, as a Republican such as Donald Trump asserts a unilateral right to ban Muslims from entering the US.Trump’s greatest (and worst) achievement was the appointment of 234 federal judges, including three for the supreme court and 54 for the courts of appeals. This means there is only one Biden administration initiative which is potentially even more important than the Covid and infrastructure bills.It is the newly appointed commission charged with carrying out Biden’s campaign promise to investigate whether or not membership of the supreme court should be expanded – something that can be accomplished by a simple act of Congress.It’s no coincidence that Millhiser started making smart arguments to expand the court two years ago.In the words of Aaron Belkin, whose advocacy group Take Back the Court pushed for the rapid creation of the new commission, the current court “is a danger to the health and wellbeing of the nation and even to democracy itself”.“This White House judicial reform commission has a historic opportunity to both explain the gravity of the threat and to help contain it,” Belkin told USA Today.This great short book makes it clear that the breadth of the new commission’s ambitions and the success of the Biden administration in carrying them out will be more important to our nation’s future than everything else the president and Congress accomplish. More

    • 125 Shares119 Views

      in US Politics

      Biden orders commission to study supreme court expansion and reform

      by

      Joe Biden on Friday ordered a study of adding seats to the supreme court, creating a bipartisan 36-member commission that will spend the next six months examining the politically incendiary issues of expanding the court and instituting term limits for its justices.The executive order fulfills a campaign promise to examine court reform, including expanding the number of justices or setting term-limits, amid growing calls from progressive activists to realign the supreme court after its composition tilted sharply to the right during Donald Trump’s presidency. Biden has not said whether he supports expanding the court, also known as “court packing”.Trump appointed three justices to the high court. One was a seat that Republicans had blocked Trump’s predecessor, Barack Obama, from filling. Despite arguing in 2016 that the seat should be filled by winner of the year’s presidential election, Republicans rushed to fill the supreme court seat vacated by death of Ruth Bader Ginsburg just weeks before the 2020 election.The result was one of the most ideologically conservative courts in modern times.Biden’s executive order directs the commission to complete its report within 180 days of its first meeting. But it was not charged with making a recommendation under the White House order that created it.The panel is composed of a “bipartisan group of experts” that includes constitutional and legal scholars; former federal judges; practitioners who have appeared before the court as well as reform advocates.The commission co-chairs are Bob Bauer, professor of practice and distinguished scholar in residence at New York University School of Law and a former White House counsel for Obama, as well as the Yale Law School professor Cristina Rodriguez, former deputy assistant attorney general in the office of legal counsel at the US Department of Justice under Obama.The commission will hold public meetings appraising the “merits and legality of particular reform proposals”, according to the White House.The announcement comes after the supreme court justice Stephen Breyer warned this week that efforts to expand the court could erode public “trust that the court is guided by legal principle, not politics”.The remarks by Breyer, 82, the court’s oldest justice and a member of its minority liberal bloc, prompted calls for his resignation from reform advocates while Democrats still control the Senate and the confirmation process. Demand Justice, a progressive group focused on the supreme court, started an online petition calling for his retirement.“Tell Justice Breyer: put the country first. Don’t risk your legacy to an uncertain political future. Retire now,” the petition states.If an opening should arise, Biden has promised to appoint the nation’s first ever Black female justice.On Friday, the White House press secretary, Jen Psaki, told reporters that Biden was not pushing for Breyer to retire.“He believes that’s a decision Justice Breyer will make when he decides it’s time to no longer serve on the supreme court,” she said.During his presidential campaign, Biden repeatedly sidestepped questions on expanding the court. A former chair of the Senate judiciary committee, Biden has asserted that the system of judicial nominations is “getting out of whack”, but has not said if he supports adding seats or making other changes to the current system of lifetime appointments, such as imposing term limits.The size of the court has been set at nine members since just after the civil war. Any effort to alter it would be explosive, particularly at a moment when Congress is nearly evenly divided. Changing the number of justices would require congressional approval.“With five justices appointed by presidents who lost the popular vote, it’s crucial that we consider every option for wresting back political control of the supreme court,” said Nan Aron, president of the Alliance for Justice, a liberal judicial advocacy group.“President Biden’s commission demonstrates a strong commitment to studying this situation and taking action.”Associated Press contributed to this report More