Ahead of midterms, Biden could face ‘reckoning’ on SCOTUS-packing

With the November midterm elections looming and a major Supreme Court decision on abortion expected to come over the summer, President Joe Biden might face a “reckoning” on the question of whether or not to expand the court, according to a report.

Biden has not publicly revealed his stance on progressive calls to “pack” the Supreme Court with liberal justices so as to dilute the current 6-3 conservative majority.

Not long after taking office, though, he convened a commission to study several proposed changes to the federal court system, including the idea of “court-packing.”

But the president “could soon find himself facing intense pressure from the left to take a bolder stance on reforming the 6-3 conservative majority court,” The Hill reported Saturday.

The Supreme Court’s decision on a pro-life Mississippi law will have a lot to do with it, according to one observer. The law in question bans abortion after 15 weeks of pregnancy.

If the court reverses the 1973 ruling in Roe v. Wade that established a so-called “right” to abortion and/or the 1992 decision in Planned Parenthood v. Casey that reaffirmed Roe, the pressure on Biden to pack the court will only increase.

“The growing support for court expansion — with more than 10 times as many lawmakers signing on as when the commission started its work — may begin to create a new political reality that Biden will have a hard time ignoring altogether,” Samuel Moyn, a Yale University professor of jurisprudence and history, told The Hill.

“And everyone knows that if the Supreme Court overrules Roe v. Wade, Biden’s own party or a popular outcry may force him to act,” he added.

The Hill summed it up this way: “Nothing could galvanize the reform push quite like a decision undermining or overturning the landmark 1973 decision in Roe that first recognized a constitutional right to abortion, according to experts.”

As for the commission that Biden convened to study possible changes to the court system, its final report evaluated arguments in favor of and against the proposals it studied.

However, the commission did not make any recommendations one way or the other, as The New York Times reported.