Establishment of the Presidential Commission on the Supreme Court of the United States
| Published date | 14 April 2021 |
| Citation | 86 FR 19569 |
| Record Number | 2021-07756 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
19569
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Presidential Documents
Executive Order 14023 of April 9, 2021
Establishment of the Presidential Commission on the Su-
preme 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 schol-
ars, 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, in-
cluding 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, includ-
ing 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
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19570
Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Presidential Documents
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.
THE WHITE HOUSE,
April 9, 2021.
[FR Doc. 2021–07756
Filed 4–13–21; 8:45 am]
Billing code 3295–F1–P
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