Most commentators have viewed Biden’s proposal for a bipartisan commission as a fairly lame attempt to avoid talking about court packing before the election. There is probably an element of that, but I think there is a much larger purpose that is being missed–a welcome effort to depoliticize the Supreme Court nomination and confirmation process.
The process is horribly broken right now. Control of the Court, from a partisan perspective, turns on age and luck rather than any expression of popular will. Nominees refuse to answer perfectly legitimate questions about their judicial philosophy. Senators respond to the lack of information by engaging in personal attacks. Plenty of heat is generated, but almost no light.
Biden doesn’t need a commission to address court packing, but he does need one to discuss broader remedies to the problem, most of which would involve constitutional amendments. There are perfectly viable solutions, most notably getting rid of life tenure and staggering terms, that can be on the table if both parties agree. Since the Republicans currently have an advantage in appointments, why would they consent? Because the court packing option is available as leverage.