II 

117TH CONGRESS 

2D SESSION S. 4706 

To amend title 28, United States Code, to provide for the duration of 

active service of the Chief Justice of the United States and associate 

justices of the Supreme Court of the United States, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2022 

Mr. WHITEHOUSE (for himself, Mr. BOOKER, Mr. BLUMENTHAL, Mr. 

SCHATZ, and Ms. HIRONO) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for the 

duration of active service of the Chief Justice of the 

United States and associate justices of the Supreme 

Court of the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supreme Court Tenure 

5 Establishment and Retirement Modernization Act of 

6 2022’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4706 IS

1 SEC. 2. SUPREME COURT TERMS OF OFFICE. 

2 (a) IN GENERAL.—Chapter 1 of title 28, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 7. Appointment 

6 ‘‘(a) REGULAR APPOINTMENT OF JUSTICES.—The 

7 President shall, during the first and third years after a 

8 year in which there is a Presidential election, nominate, 

9 and by and with the advice and consent of the Senate, 

10 appoint a Chief Justice of the United States or an asso11 ciate justice of the Supreme Court of the United States. 

12 ‘‘(b) EXCLUSIVE METHOD OF APPOINTMENT.—The 

13 President shall not appoint any Chief Justice of the 

14 United States or associate justice of the Supreme Court 

15 of the United States except as provided in this section. 

16 ‘‘§ 8. Duration of Active Service 

17 ‘‘(a) NEW JUSTICES.—A Chief Justice of the United 

18 States or an associate justice of the Supreme Court of the 

19 United States shall serve in regular active service for an 

20 18-year period beginning on the date of the commission 

21 of the Chief Justice or associate justice, after which the 

22 justice shall be deemed to have retired from regular active 

23 service under section 371. 

24 ‘‘(b) CURRENT JUSTICES.—Each Chief Justice of the 

25 United States and associate justice of the Supreme Court 

26 of the United States who was appointed before the date 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4706 IS

1 of enactment of this section and who is serving as the 

2 Chief Justice or associate justice, as applicable, on the 

3 date of enactment of this section shall, notwithstanding 

4 the period of service of the justice, in order of duration 

5 of service beginning with the justice who has served on 

6 the Supreme Court of the United States for the longest 

7 period of time, be deemed to have retired from regular 

8 active service under section 371(b) upon the date of com9 mission of each new Chief Justice or associate justice, as 

10 applicable, as they are appointed under section 7.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 1 of title 28, United States Code, is amended 

13 by adding at the end the following: 

‘‘7. Appointment 

‘‘8. Duration of Active Service’’. 

14 SEC. 3. SENIOR JUSTICES. 

15 Section 294 of title 28, United States Code, is 

16 amended— 

17 (1) in subsection (d), by inserting ‘‘, except as 

18 provided by subsection (e)’’ before the period at the 

19 end; 

20 (2) by redesignating subsection (e) as sub21 section (f); and 

22 (3) by inserting after subsection (d) the fol23 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4706 IS

1 ‘‘(e) If number of justices of the Supreme Court of 

2 the United States falls below that provided in section 1 

3 due to vacancy, disability, or disqualification, the Chief 

4 Justice or associate justice of the Supreme Court who has 

5 most recently retired from regular active service under 

6 section 371 but retained their office shall serve as an asso7 ciate justice until the number of justices who have not re8 tired from regular active service equals that provided in 

9 section 1.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS