Establishment of the Presidential Commission on the Supreme Court of the United States
Signed April 9, 2021·Joseph R. Biden Jr.·86 FR 19569
Source
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Plain-language summary
Creates the Presidential Commission on the Supreme Court of the United States, made up of up to 36 members appointed by the President, including constitutional scholars, retired federal judges, and other experts on the judiciary and the Supreme Court, with two members designated as Co-Chairs. Directs the Commission to produce a report examining current debate over the Supreme Court's role and the nomination process, the historical background of past reform debates, and an analysis of arguments for and against various reform proposals, including their merits and legality. Requires the Commission to solicit public comment and submit its report to the President within 180 days of its first public meeting. The Office of Administration and the General Services Administration are to provide funding, staff, and administrative support as permitted by law. Members serve without pay but may receive travel expenses. The Commission terminates 30 days after submitting its report.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Revoked by: EO 14148, January 20, 2025
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The order, in full
Executive Order 14023 of April 9, 2021
Establishment of the Presidential Commission on
the Supreme Court of the United States
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Establishment. There is established the
Presidential Commission on the Supreme Court of the
United States (Commission).
Sec. 2. Membership. (a) The Commission shall be
composed of not more than 36 members appointed by the
President.
(b) Members of the Commission shall be
distinguished constitutional scholars, retired members
of the Federal judiciary, or other individuals having
experience with and knowledge of the Federal judiciary
and the Supreme Court of the United States (Supreme
Court).
(c) The President shall designate two members of
the Commission to serve as Co-Chairs.
Sec. 3. Functions. (a) The Commission shall produce a
report for the President that includes the following:
(i) An account of the contemporary commentary and debate about the role and
operation of the Supreme Court in our constitutional system and about the
functioning of the constitutional process by which the President nominates
and, by and with the advice and consent of the Senate, appoints Justices to
the Supreme Court;
(ii) The historical background of other periods in the Nation's history
when the Supreme Court's role and the nominations and advice-and-consent
process were subject to critical assessment and prompted proposals for
reform; and
(iii) An analysis of the principal arguments in the contemporary public
debate for and against Supreme Court reform, including an appraisal of the
merits and legality of particular reform proposals.
(b) The Commission shall solicit public comment,
including other expert views, to ensure that its work
is informed by a broad spectrum of ideas.
(c) The Commission shall submit its report to the
President within 180 days of the date of the
Commission's first public meeting.
Sec. 4. Administration. (a) The Office of
Administration within the Executive Office of the
President shall provide funding and administrative
support for the Commission to the extent permitted by
law and within existing appropriations. To the extent
permitted by law, including the Economy Act (31 U.S.C.
1535), and subject to the availability of
appropriations, the General Services Administration
shall provide administrative services, including
facilities, staff, equipment, and other support
services as may be necessary to carry out the
objectives of the Commission.
(b) Members of the Commission shall serve without
compensation for their work on the Commission, but
shall be allowed travel expenses, including per diem in
lieu of subsistence, to the extent permitted by law for
persons serving intermittently in the Government
service (5 U.S.C. 5701-5707).
(c) Insofar as the Federal Advisory Committee Act,
as amended (5 U.S.C. App.) (Act), may apply to the
Commission, any functions of the President
under the Act, except for those in section 6 of the
Act, shall be performed by the Administrator of General
Services.
Sec. 5. Termination. The Commission shall terminate 30
days after it submits its report to the President.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 9, 2021.Reproduced from the Federal Register plain-text record, signed April 9, 2021. Typesetting artifacts are removed; no wording is changed.