On April 9, 2021, President Biden issued Executive Order 14023 forming the Presidential Commission on the Supreme Court of the United States. The Commission is comprised of a bipartisan group of experts on the Court—from former federal judges and practitioners, to legal scholars and historians—who have been tasked with analyzing arguments and the merits and legality of proposals in the current public debate for and against Supreme Court reform. Last week, after months of research and expert testimony, the Commission released discussion materials in the form of five separate reports. It then held a public hearing to discuss the various topics and reform ideas presented, including whether to enact Supreme Court term limits, increase the number of justices on the Court, or reexamine the Court’s practices and procedures. Its final report is expected on November 14. Two of the scholars who testified before the Commission—Jamal Greene of Columbia Law School and Michael McConnell of Stanford Law School—join host Jeffrey Rosen on this week’s episode to discuss the Commission, which reforms they are evaluating have bipartisan support and might be achievable—and whether they should and can be enacted.
The work of the National Constitution Center’s Constitution Drafting Project—which both Greene and McConnell participated in as well—was also cited in both the Commission materials and in expert testimony. Visit https://constitutioncenter.org/debate/special-projects/constitution-drafting-project for more info.
FULL PODCAST
This episode was produced by Jackie McDermott and engineered by David Stotz. Research was provided by Michael Esposito, Chase Hanson, and Lana Ulrich.
PARTICIPANTS
Michael McConnell is the Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. He previously served as a Judge on the United States Court of Appeals for the Tenth Circuit from 2002 to 2009.
Jamal Greene is Dwight Professor of Law at Columbia Law School. He is the author of the new book How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart as well as numerous articles about the Supreme Court.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
ADDITIONAL RESOURCES
- Presidential Commission on the Supreme Court of the United States: public comments and meetings
- Jamal Greene’s testimony
- Michael McConnell's testimony
- The National Constitution Center's Constitution Drafting Project
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