Executive Order 14023: Establishment of the Presidential Commission on the Supreme Court of the United States
President: Joseph R. Biden Jr.
Created a bipartisan expert commission to study debate over Supreme Court reform, including membership, term length, case selection and Court expansion.
Status: Revoked. Is Executive Order 14023 still in effect? No. Executive Order 14148 revoked Executive Order 14023 on January 20, 2025. The advisory commission had already delivered its December 2021 report and reached the termination condition in the original order.
What does Executive Order 14023 do?
Biden created a temporary expert commission to examine arguments over the Supreme Court’s role, operation and possible reform. The signed text required a historical account of earlier reform debates, an explanation of the contemporary nomination and confirmation process, and an assessment of the merits and legality of proposed changes. Members were to include constitutional scholars, retired federal judges and other people with relevant knowledge; the president could appoint no more than 36 and designate two co-chairs. Signed text.
This was an information-gathering body, not a court, a legislative commission or an instruction to expand the Court. It had to solicit public comment and other expert views so its report reflected a broad spectrum of arguments. Its remit covered competing positions rather than requiring endorsement of a particular reform. Proposals affecting membership, tenure and jurisdiction still depended on the constitutional and statutory procedures applicable to each proposal. Signed text.
The main people directly affected were commission members, the White House offices supporting their work and the public invited to submit evidence. The report deadline ran from the first public meeting, not from the signing date. The order then provided a separate automatic endpoint: the commission would terminate 30 days after submitting its report. Signed text.
Before and after
Before the order
The Supreme Court already existed under Article III and federal legislation, and debate about term limits, membership and confirmation rules preceded this order. What did not exist was this particular presidential body with an express duty to assemble the historical and legal arguments and solicit public input. The order did not suspend the Court’s work or alter the number of justices while that review took place. Signed text.
After the order
The new commission converted those arguments into a public presidential study. Its final report discussed the subjects within the mandate rather than issuing binding instructions to judges or Congress. On December 7, 2021, the commission unanimously approved the final report. Termination was tied to delivery of that report; the later January 2025 rescission removed the executive order itself, not a reform statute or a judicial judgment. Official follow-up record 1. Official follow-up record 2.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Presidential commission | Solicit public and expert comment; prepare historical, contemporary and legal analysis of Supreme Court reform proposals; submit the report to the president. | Within 180 days of the first public meeting; commission ends 30 days after submission. |
| Office of Administration, Executive Office of the President | Provide funding and administrative support within existing appropriations. | During the commission’s work; no separate calendar deadline. |
| General Services Administration / Administrator | Provide authorized facilities, personnel, equipment and administrative services; perform applicable presidential Federal Advisory Committee Act functions except those reserved by section 6. | During the commission’s operation. |
What happened next
Biden signed the order establishing the commission. Official source
The commission unanimously approved its final report. Official source
EO 14148 expressly revoked EO 14023. Official source
Legal and source detail
How it works legally
The commission was advisory. Its support arrangements were subject to appropriations and, where applicable, the Economy Act and Federal Advisory Committee Act. The president did not acquire authority through this order to override Article III, change judicial tenure or bypass Congress. Members served without compensation, apart from legally permitted travel expenses. The general provisions preserved existing agency powers and created no privately enforceable right to a particular recommendation or reform. Signed text.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 9, 2026. How we research →