Establishment of the Presidential Commission on the Supreme Court of the United States

This executive order establishes a 36-member commission of legal experts to study and report on potential reforms to the Supreme Court, including its role, the nomination and confirmation process, and proposals such as court expansion or term limits. The commission must submit its report within 180 days of its first public meeting and then terminates 30 days later. The order does not itself implement any reforms; it only creates an advisory body to produce analysis for the President.

Federal Register Open PDF 86 FR 19569

Impact dates

Date TBD
Commission termination after report submission
Date TBD
Report submission to President

Key directives

Establish Presidential Commission on the Supreme Court of the United States with maximum 36 members
Appoint distinguished constitutional scholars, retired federal judges, or other knowledgeable individuals
Designate two Co-Chairs
Produce report covering: contemporary commentary on Supreme Court role and nomination process; historical background of past reform debates; analysis of principal arguments for and against reform proposals including appraisal of merits and legality
Solicit public comment and expert views
Submit report to President within 180 days of first public meeting
Terminate Commission 30 days after report submission
Office of Administration to provide funding and administrative support within existing appropriations
GSA to provide administrative services as permitted by law and subject to appropriations availability

Who is ordered

Administrator of General Services · GSA

Timeline

Immediate

Commission establishment
Co-Chair designation by President
beginning of member selection process

Near term (90d)

Commission members appointed
first public meeting scheduled (triggers 180-day report clock)
public comment solicitation begins

Long term

Report submission to President (180 days after first public meeting)
Commission termination (30 days after report submission)
potential follow-on reform proposals from Administration or Congress based on findings

Risks & tensions

180-day clock starts from 'first public meeting,' not signing date—actual deadline unknown until meeting occurs
Order creates advisory body with no binding authority; reforms require separate legislative or constitutional action
Commission composition and eventual report findings may be perceived as politically motivated regardless of scholarly makeup
Subject to appropriations availability—funding constraints could limit scope or delay operations
Public comment solicitation may amplify polarized debate without clear mechanism for consensus-building
'Appraisal of merits and legality' language (Sec. 3(a)(iii)) is broad; scope of reform proposals considered is undefined