On Thursday, the commission made up of 36 members released materials detailing their discussions on the matter, which comes one day after White House press secretary Jen Psaki revealed materials haven't yet been submitted for review.
"Our objective here is to allow this process, made up of a diverse range of experts and voices, to move forward and represent different viewpoints, and we're not going to comment on it — or the president wouldn't comment on it — until a report is final and he has the chance to review it at that period of time," Psaki stated during a Wednesday press brief.
The commission warned that "rather than calm the controversy surrounding the Supreme Court, expansion could further degrade the confirmation process."
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"There could be significant battles over any Justice added by a Court expansion measure. Indeed, a future Senate could respond to expansion by refusing to confirm any nominee," the commission warned in preliminary reports.
Congressional Democrats have called for President Biden to expand the US Supreme court but members of the bipartisan commission "are divided on whether court expansion would be wise."
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Biden promised to form the bipartisan commission during the campaign in October as he repeatedly dodged questions regarding his stance on expanding the Supreme Court. At that time, progressives had thrust Court-packing to the forefront of political debate with calls to add more justices to the nine-judge Court after Republicans moved forward with Justice Amy Coney Barrett’s confirmation hearings just weeks before the November 3 election, creating a 6-3 conservative majority on the Court.
In April when the commission was formed, the White House insisted the purpose of the commission "is to provide 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."
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"The topics it will examine include the genesis of the reform debate; the Court's role in the Constitutional system; the length of service and turnover of justices on the Court; the membership and size of the Court; and the Court's case selection, rules, and practices," the Biden administration said.
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The documents are to be used as a source of debate by members of the commission who will prepare a report for President Biden.
The final report is set to be submitted to the president by mid-November.
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The Supreme Court has been grappling with record low public trust as a number of Justices have gone on the defensive in speaking out against criticism of the court's 'shadow docket.'
The mysterious process has produced controversial decisions like approval of Donald Trump's Remain In Mexico policy and allowing Texas' restrictive abortion ban to go into effect.
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