The Democrats are looking for a way to cancel out conservatives that were appointed during the Trump administration.
According to his executive order issued on Friday, Biden will create a 36-member commission to look into potential consequences of changing the size of the court.
“The issue of whether to alter the size of the court, which has been set at nine members since just after the Civil War, is highly charged, particularly at a moment when Congress is almost evenly divided between the two parties. An attempt by Mr. Biden to increase the number of justices would require approval of Congress and would be met by fierce opposition,” the Times report continues.