FOR IMMEDIATE RELEASE

TAKE BACK THE COURT MEMO: TESTIMONY FROM DOZENS OF EXPERTS TO SCOTUS COMMISSION CLEARLY ILLUSTRATES URGENT NEED FOR EXPANSION

SAN FRANCISCO, CA (December 14, 2021) — As the Biden Court Commission prepares to send its final report to the White House tomorrow, Take Back the Court is publicly releasing a memo we prepared for advocates and policymakers with excerpts from Commission testimony from dozens of academics, policy experts, and leaders of advocacy organizations that illustrate the urgent need for Court expansion.

“It is puzzling that, in light of the powerful testimony and evidence presented to it, the Commission has chosen not to embrace any meaningful reform,” Take Back the Court states in the memo. “Notably, the Commission has absolutely no authority to do anything in any case. It has, however, generated a large volume of evidence of the critical need for reform– evidence that should inform the efforts of lawmakers who, unlike ceremonial commissions, actually do have both the power and the responsibility to ensure the Supreme Court is consistent with basic principles of democracy and justice.”

For nearly a year, members of Congress have been waiting for the Presidential Commission on the Supreme Court to finish its work in order to inform congressional consideration of Court expansion. After hearing from dozens of expert witnesses, the Commission prepared a lengthy report for President Biden that mulls over various potential reforms but offers no real solutions for the crisis facing our democracy. Nonetheless, the combined weight of this witness testimony makes clear the urgent need for Supreme Court expansion to rebalance the Court and strengthen American democracy.

The crisis facing our democracy — and the lack of action taken to date— prompted three Commission members to publicly and independently endorse Court expansion in op-eds published in The Washington Post and TIME Magazine over the past week.

Some notable testimony quotes from the policy memo include:

“[I]f Democrats do not expand the Court while they have the political power to do so, they — and the nation as a whole — will likely rue the day they squandered that opportunity. [...] For Democrats to fail to undertake Court reform now may be tantamount to committing political suicide and guaranteeing the further degradation of American democracy.”

– Professor Michael J. Klarman, Harvard Law School

“I had always believed that expanding the Court would damage the institution and further politicize the judiciary. I also feared that such an act would lead to an untenable arms race. Nevertheless, I have come to the conclusion that reform is the only option, and I have come to this conclusion because the risks that I have feared and contemplated for so long are simply outweighed by the reality of our current crisis.”

– Nan Aron, Founder, Alliance for Justice

You can find the full memo on the Take Back the Court website.

Take Back the Court raises awareness about the urgent need to expand the number of seats on the Supreme Court to address the theft of the court by Senator Mitch McConnell during the Obama Administration. Without adding seats, Congress will not be able to restore the right to vote, ensure reproductive freedom, protect workers, halt our climate emergency, or pass new legislation. Court expansion, which can be accomplished without a constitutional amendment, is the only reform that enables the un-rigging of the system and the restoration of democracy. Learn more: https://www.takebackthecourt.today/