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Firmly Opposed: Nearly Two-Thirds of Americans Still Reject Court-Packing

by First Liberty Institute • 4 min read

President Biden’s Supreme Court Commission will hold its fifth public meeting later today on Nov. 19^th, as it continues exploring potential court “reforms,” including the dangerous possibility of packing the nation’s highest court.

From its very first meeting in May, it was clear the Commission was a vehicle for radical and liberal reform priorities. In their thirst for more power, court-packing proponents probably hoped to exploit the Commission as a way to convince the American public of the so-called “need” to restructure the Supreme Court or create additional seats.

But after six months of work, several meetings and releasing “preliminary draft materials,” Americans aren’t convinced. They still resoundingly reject court-packing.

A recent Mason-Dixon poll commissioned by First Liberty reveals sixty-five percent (65%) of Americans oppose court-packing. The results are very consistent with a previous poll conducted in April. At that time, sixty-eight percent (68%) opposed packing the Court. The results are statistically the same, since they’re within the margin of error.

That means the overall picture remains the same: A majority of Americans (approximately two-thirds) do not want more justices stacked on the Supreme Court.

Additionally, the most recent poll data demonstrates opposition to court “reform” more broadly:

• Sixty-six percent (66%) oppose amending the Constitution to change the structure of the U.S. Supreme Court.
• Sixty-seven percent (67%) oppose a constitutional amendment to reduce the independence and authority of the Court.

Even more telling, consider the following responses regarding Biden’s Judicial Commission:

• Fifty-five percent (55%) said the Commission will not adequately represent their views on court reform.
• Forty-nine percent (49%) said the Commission is being used “as a political vehicle to justify weakening the Supreme Court to help advance the agenda of Democratic politicians.”

This data suggests a vast proportion of Americans are not being fooled. On the contrary, it indicates that people view the court “reform” scheme for what it really is: a brazen power-grab. What’s more, they’ve also discerned the Commission’s true colors, that it’s nothing more than a political puppet designed to advance the agenda of the majority party.

In the fight to preserve the integrity and independence of our nation’s judiciary, the results above are indeed a very positive development—and they come at an incredibly important time.

The Commission is in the closing phases of its deliberations. The next step? It’s expected to submit a final report and “reform” plans to the President before the end of the year, likely sometime in mid-December.

Already, we’ve witnessed the immense impact Americans can have when they join forces and make their voices heard.

When the Commission released its draft materials in October, it appears to have seriously considered the public comments submitted by millions of Americans. The Commission expressly referred to the nationwide polling commissioned by First Liberty and cited some of our research and analysis, particularly our warnings of how court-packing and judicial “reform” led to the destruction of freedom in Argentina and Venezuela.

Will the Commission heed the voice of the American people?

For the sake of our revered system of justice, it’s imperative they don’t turn a deaf ear. Instead of the Commission convincing us about court-packing or altering our judiciary, let’s hope and pray these poll results fully convince them that We the People firmly oppose a Supreme Court Coup.