II 

Calendar No. 7 

117TH CONGRESS 

1ST SESSION S. 461 

To create a point of order against legislation modifying the number of Justices 

of the Supreme Court of the United States. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2021 

Mr. CRUZ (for himself, Mr. WICKER, Mrs. HYDE-SMITH, Mr. MARSHALL, Mr. 

BOOZMAN, Mr. HAGERTY, Mr. CASSIDY, Mr. LEE, Mr. SCOTT of Florida, 

Mr. COTTON, Mr. DAINES, Ms. ERNST, Mr. KENNEDY, Mr. BARRASSO, 

and Mr. INHOFE) introduced the following bill; which was read the first 

time 

MARCH 1, 2021 

Read the second time and placed on the calendar 

A BILL 

To create a point of order against legislation modifying the 

number of Justices of the Supreme Court of the United 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 461 PCS

1 SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODI2 FYING THE NUMBER OF JUSTICES OF THE 

3 SUPREME COURT OF THE UNITED STATES. 

4 (a) POINT OF ORDER.— 

5 (1) IN GENERAL.—In the Senate, it shall not be 

6 in order to consider a provision in a bill, joint resolu7 tion, motion, amendment, amendment between the 

8 Houses, or conference report amending section 1 of 

9 title 28, United States Code, to modify, or that oth10 erwise modifies, the total number of Justices of the 

11 Supreme Court of the United States. 

12 (2) POINT OF ORDER SUSTAINED.—If a point 

13 of order is made by a Senator against a provision 

14 described in paragraph (1), and the point of order 

15 is sustained by the Chair, that provision shall be 

16 stricken from the measure and may not be offered 

17 as an amendment from the floor. 

18 (b) CONFERENCE REPORTS.—When the Senate is 

19 considering a conference report on, or an amendment be20 tween the Houses in relation to, a bill or joint resolution, 

21 upon a point of order being made by any Senator pursuant 

22 to subsection (a)(1), and such point of order being sus23 tained, such material contained in such conference report 

24 or House amendment shall be stricken, and the Senate 

25 shall proceed to consider the question of whether the Sen26 ate shall recede from its amendment and concur with a 


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•S 461 PCS

1 further amendment, or concur in the House amendment 

2 with a further amendment, as the case may be, which fur3 ther amendment shall consist of only that portion of the 

4 conference report or House amendment, as the case may 

5 be, not so stricken. Any such motion in the Senate shall 

6 be debatable. In any case in which such point of order 

7 is sustained against a conference report (or Senate amend8 ment derived from such conference report by operation of 

9 this subsection), no further amendment shall be in order. 

10 (c) SUPERMAJORITY WAIVER AND APPEAL.—In the 

11 Senate, this section may be waived or suspended only by 

12 an affirmative vote of two-thirds of the Members, duly 

13 chose and sworn. An affirmative vote of two-thirds of 

14 Members of the Senate, duly chosen and sworn shall be 

15 required to sustain an appeal of the ruling of the Chair 

16 on a point of order raised under this section. 


kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 7 

117TH CONGRESS 

1ST SESSION S. 461 

A BILL 

To create a point of order against legislation modiCourt of the United States. fying the number of Justices of the Supreme 

MARCH 1, 2021 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42PROD with BILLS