IIA 

118TH CONGRESS 

2D SESSION S. J. RES. 120 

Proposing an amendment to the Constitution of the United States to normalize vacancies and appointments for justices of the Supreme Court 

of the United States and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2024 

Mr. WELCH (for himself and Mr. MANCHIN) introduced the following joint 

resolution; which was read twice and referred to the Committee on the 

Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States to normalize vacancies and appointments for justices of the Supreme Court of the United States and 

for other purposes. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States: 


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1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. The Supreme Court of the United 

3 States shall be composed of nine justices (which includes 

4 the Chief Justice of the United States for purposes of this 

5 article each place it appears). 

6 ‘‘SECTION 2. The term of the first justice of the Su7 preme Court of the United States (in this article referred 

8 to as a ‘justice’) appointed on or after the date of the 

9 ratification of this article shall— 

10 ‘‘(1) begin on July 1 of the first odd-numbered 

11 year beginning after the date of the ratification of 

12 this article; and 

13 ‘‘(2) terminate on June 30 of the year that is 

14 18 years after such odd-numbered year. 

15 ‘‘SECTION 3. The term of the second justice ap16 pointed on or after the date of the ratification of this arti17 cle, and each justice appointed thereafter, shall— 

18 ‘‘(1) begin on July 1 of the first odd-numbered 

19 year after the odd-numbered year during which the 

20 term of the most recently appointed justice, other 

21 than a justice appointed under section 6 to serve for 

22 the remainder of an 18-year term, began; and 

23 ‘‘(2) terminate on June 30 of the year that is 

24 18 years after the odd-numbered year during which 

25 the term of the justice began. 


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1 ‘‘SECTION 4. For a vacancy arising because an indi2 vidual serving as a justice on the day before the date of 

3 the ratification of this article ceases serving as a justice, 

4 if the vacancy arises before July 1 of the odd-numbered 

5 year during which the term of the justice appointed to fill 

6 the vacancy begins— 

7 ‘‘(1) the individual appointed to fill the vacancy 

8 may serve as a justice before the term of the indi9 vidual begins; and 

10 ‘‘(2) the term of the individual as a justice shall 

11 terminate in accordance with section 2 or 3, as ap12 plicable. 

13 ‘‘SECTION 5. For a vacancy arising because an indi14 vidual serving as a justice on the day before the date of 

15 the ratification of this article ceases serving as a justice, 

16 if the vacancy arises after July 1 of the odd-numbered 

17 year during which the term of the individual appointed 

18 to fill the vacancy begins, the term of the individual as 

19 a justice shall terminate in accordance with section 2 or 

20 3, as applicable, without regard to the fact that the indi21 vidual did not begin serving as a justice on the date on 

22 which the term began. 

23 ‘‘SECTION 6. If an individual who is appointed to a 

24 position as a justice on or after the date of the ratification 

25 of this article ceases serving as a justice before the end 


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1 of the term of the individual as a justice, the President 

2 may appoint an individual to serve for the remainder of 

3 the term, by and with the advice and consent of the Sen4 ate. 

5 ‘‘SECTION 7. When a vacancy arises in the position 

6 of Chief Justice of the United States, the most senior jus7 tice serving at the time the vacancy arises shall become 

8 the Chief Justice of the United States. 

9 ‘‘SECTION 8. An individual appointed to a position 

10 as a justice on or after the date of the ratification of this 

11 article, including an individual appointed to serve for the 

12 remainder of a term under section 6, may not subse13 quently be appointed to a position as a justice.’’. 

Æ 


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