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Tipsheet

Republican Governors Have a Message for Biden on Court Packing

AP Photo/Matt York, File

President Joe Biden created a commission to “study” the Supreme Court early in his presidency, as many in his party hope to add justices to the bench of the high court. The “reforms” being studied by the presidential commission include court packing, and GOP Governors are now speaking out against the idea of expanding the court.

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 Republican governors from 20 different states wrote to the president in strong opposition to court packing, urging Biden to withdraw court packing from consideration by the commission.

“The American form of government is one that depends on the sovereignty and cooperation of states. Each term, the Supreme Court hears criminal and civil matters that are critically important to our states and to the people we represent. Historically, cases before the Supreme Court have served as the last legal defense of state sovereignty, protecting states and our citizens from federal overreach. As Governors, we have a vested interest in ensuring that our nation’s highest court remains independent and free from political pressure or partisan power grabs,” the GOP governors wrote. “Opposition to the composition or past decisions of our Court should not be the impetus for radical change to a bedrock branch of our nation’s government...The Court’s decisions dramatically impact the citizens of our states every day. As governors, we stand united to preserve a system that has served us well for over a century and a half, contributing to a just society that is the envy of the free world. As your Commission issues reports in the coming months, we call on you to rebuke any attempts to pack the Supreme Court for political gain and to protect the integrity of the judiciary as a coequal branch of government.”

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 The president’s real view on court packing is still unknown. While running for president, Biden told voters that he would give a stance on court packing “when the election is over,” but the White House has still not taken a clear position.

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