II 

118TH CONGRESS 

1ST SESSION S. 859 

To provide for the expedited consideration of nominations for the Supreme 

Court of the United States. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2023 

Mr. MERKLEY introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To provide for the expedited consideration of nominations 

for 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. SHORT TITLE. 

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

5 Nominee Deserves Timely Consideration Act’’. 

6 SEC. 2. SUPREME COURT JUDICIAL REVIEW PROCEDURE. 

7 (a) DISCHARGE.—In the Senate, if the Committee on 

8 the Judiciary of the Senate has not reported a nomination 

9 for the Chief Justice of the United States or an associate 

10 justice of the Supreme Court of the United States at the 


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1 end of 60 continuous days of session after the date on 

2 which the nomination is referred to such committee, any 

3 Member may submit to the Congressional Record a notice 

4 of intent to discharge the nomination. At the end of 20 

5 calendar days after the notice of intent to file such peti6 tion, such committee may be discharged from further con7 sideration of such nomination upon a petition supported 

8 in writing by 30 Members of the Senate, and such nomina9 tion shall be placed on the calendar. Debate on the motion, 

10 and on all debatable motions and appeals in connection 

11 therewith, shall not be in order. 

12 (b) CONSIDERATION.— 

13 (1) DEBATE.—In the Senate, debate on the 

14 nomination, and on all debatable motions and ap15 peals in connection therewith, shall be limited to not 

16 more than 30 hours, which shall be divided equally 

17 between those favoring and those opposing the nomi18 nation. A motion further to limit debate is not in 

19 order and not debatable. A motion to postpone, a 

20 motion to proceed to the consideration of other busi21 ness, or any amendment thereto, is not in order. A 

22 one-time nondebatable motion to extend the consid23 eration of the nomination an additional 30 hours 

24 shall only be in order when supported in writing by 

25 30 Members of the Senate. 


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1 (2) VOTE.—In the Senate, immediately fol2 lowing the conclusion of the debate on a nomination 

3 described in subsection (b)(1), and a single quorum 

4 call at the conclusion of the debate if requested in 

5 accordance with the rules of the Senate, the vote on 

6 the confirmation of the nomination shall occur. 

7 (c) RULES OF THE SENATE.—This section is enacted 

8 by Congress— 

9 (1) as an exercise of the rulemaking power of 

10 the Senate, and as such it is deemed a part of the 

11 rules of the Senate, and it supersedes other rules 

12 only to the extent that it is inconsistent with such 

13 rules; and 

14 (2) with full recognition of the constitutional 

15 right of the Senate to change such rules (so far as 

16 relating to the procedure of the Senate) at any time, 

17 in the same manner, and to the same extent as in 

18 the case of any other rule of the Senate. 

Æ 


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