Executive Order 14023 · Signed Apr 9, 2021

86 FR 19569 · Published Apr 14, 2021 · Effective on signing

Share

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

Supreme Court reformfederal judiciarypresidential commissionconstitutional law

Signed by President Joseph R. Biden Jr.

Establishes a Presidential Commission of up to 36 constitutional scholars and retired federal judges to study Supreme Court reform proposals and produce a report for the President within 180 days of its first public meeting.

Creates the first formal presidential body tasked with analyzing arguments for and against Supreme Court changes — including the nomination process and structural reform — at a time of intense national debate over the Court's composition and role.

What this order does

What it orders

The order establishes the Presidential Commission on the Supreme Court of the United States, composed of up to 36 members — distinguished constitutional scholars, retired federal judges, or others with deep knowledge of the federal judiciary — appointed by the President with two Co-Chairs designated. The Commission is directed to produce a report covering: the contemporary debate about the Court's role, the historical record of prior reform efforts, and an analysis of current reform proposals including an appraisal of their merits and legality. The Commission must solicit public comment and submit its report to the President within 180 days of its first public meeting.

The Commission has no operative authority to change the Court or enact any reforms; its sole deliverable is the report itself. It terminates 30 days after submitting that report, and it is explicitly funded through existing appropriations only. The order does not create any enforceable legal rights or alter any agency's existing authorities.

Who it affects

Members of the Commission (up to 36 appointed scholars, retired judges, and judicial-process experts), the general public invited to submit comments, the Office of Administration within the Executive Office of the President, and the General Services Administration providing administrative support.

Why it matters

The Commission's report will be the first formal White House-sponsored analysis of Supreme Court reform proposals, potentially shaping how the President and Congress approach debates over Court expansion, term limits, or changes to the nomination process — though the order itself does not implement any reform.

What must happen and when

How the order is supposed to work

The Office of Administration funds the Commission out of existing appropriations; the General Services Administration provides facilities, staff, and equipment. Members serve without pay but may receive travel reimbursement. The Commission's 180-day reporting clock starts at its first public meeting, not at signing, giving organizers flexibility on when to convene. The Administrator of General Services handles Federal Advisory Committee Act compliance functions. The Commission dissolves automatically 30 days after delivering its report.

Actions and deadlines

  • Commission holds its first public meeting, starting the 180-day reporting clockNo deadline specified
  • Solicit public comment and expert views to inform the Commission's workNo deadline specified
  • Submit the completed report on Supreme Court reform to the PresidentWithin 180 days of the Commission's first public meeting
  • Commission terminates automatically after submitting its report30 days after report submission

Agencies directed to act

Office of AdministrationGeneral Services Administration

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Economy Act, 31 U.S.C. 1535

Allows federal agencies to order goods and services from other federal agencies.

5 U.S.C. 5701-5707

Governs travel and subsistence expense reimbursement for intermittent government workers.

Federal Advisory Committee Act, 5 U.S.C. App.

Sets rules for how the government creates and manages outside advisory committees.

Executive Order

Ask GovernmentReporter about this order

Ask anything about what this order does, who it affects, and how it changes policy.

Executive Order 14023: Establishment of the Presidential Commission on the Supreme Court of the United States | EO Reporter