II 

Calendar No. 582 

116TH CONGRESS 

2D SESSION S. 4805 

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 

OCTOBER 19, 2020 

Mr. CRUZ (for himself, Mr. TILLIS, Ms. MCSALLY, Mr. WICKER, Mrs. LOEFFLER, Mrs. HYDE-SMITH, Mr. PERDUE, Mr. DAINES, Ms. ERNST, Mr. 

COTTON, Mr. LEE, Mr. CASSIDY, Mr. CORNYN, and Mr. GRASSLEY) introduced the following bill; which was read the first time 

NOVEMBER 9, 2020 

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, 

3 SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODI4 FYING THE NUMBER OF JUSTICES OF THE 

5 SUPREME COURT OF THE UNITED STATES. 

6 (a) POINT OF ORDER.— 


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•S 4805 PCS

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

2 in order to consider a provision in a bill, joint resolu3 tion, motion, amendment, amendment between the 

4 Houses, or conference report amending section 1 of 

5 title 28, United States Code, to modify, or that oth6 erwise modifies, the total number of Justices of the 

7 Supreme Court of the United States. 

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

9 of order is made by a Senator against a provision 

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

11 is sustained by the Chair, that provision shall be 

12 stricken from the measure and may not be offered 

13 as an amendment from the floor. 

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

15 considering a conference report on, or an amendment be16 tween the Houses in relation to, a bill or joint resolution, 

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

18 to subsection (a)(1), and such point of order being sus19 tained, such material contained in such conference report 

20 or House amendment shall be stricken, and the Senate 

21 shall proceed to consider the question of whether the Sen22 ate shall recede from its amendment and concur with a 

23 further amendment, or concur in the House amendment 

24 with a further amendment, as the case may be, which fur25 ther amendment shall consist of only that portion of the 


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•S 4805 PCS

1 conference report or House amendment, as the case may 

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

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

4 is sustained against a conference report (or Senate amend5 ment derived from such conference report by operation of 

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

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

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

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

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

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

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

13 on a point of order raised under this section. 


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Calendar No. 582 

116TH CONGRESS 

2D SESSION S. 4805 

A BILL 

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

NOVEMBER 9, 2020 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42PROD with BILLS