I 

116TH CONGRESS 

2D SESSION H. R. 8424 

To establish a process by which the appointment of Supreme Court Justices 

can occur at regular time intervals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2020 

Mr. KHANNA (for himself, Mr. BEYER, and Mr. KENNEDY) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To establish a process by which the appointment of Supreme 

Court Justices can occur at regular time intervals, 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 Term 

5 Limits and Regular Appointments Act of 2020’’. 

6 SEC. 2. SUPREME COURT TERM LIMITS. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 7. Term limits 

2 ‘‘(a) APPOINTMENT.—The President shall, during 

3 the first and third years after a year in which there is 

4 a Presidential election, nominate, and by and with the ad5 vice and consent of the Senate, appoint one Justice of the 

6 Supreme Court. 

7 ‘‘(b) EFFECTIVE DATE.—A Justice appointed pursu8 ant to subsection (a) shall be sworn into office on August 

9 1 of the year on which the appointment is made. 

10 ‘‘§ 8. Senior Justices 

11 ‘‘(a) IN GENERAL.—Except as provided in subsection 

12 (b), if there are more than nine Justices on the Supreme 

13 Court after an appointed Justice is sworn into office, the 

14 Justice who has served on the Supreme Court for the long15 est period of time shall be deemed a Justice retired from 

16 regular active service under section 371(b). 

17 ‘‘(b) EXCEPTION.—No Justice appointed before the 

18 date of enactment of this Act shall be required to retire 

19 under subsection (a). 

20 ‘‘§ 9. Waiver of advice and consent authority 

21 ‘‘If the Senate does not exercise its advice and con22 sent authority with respect to a President’s nominee to 

23 the Supreme Court within 120 days after the nomination, 

24 the Senate shall be deemed to have waived its advice and 

25 consent authority with respect to such nominee, and the 


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1 nominee shall be seated as a Justice of the Supreme 

2 Court.’’. 

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

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

5 by adding at the end the following: 

‘‘7. Term limits. 

‘‘8. Senior Justices. 

‘‘9. Waiver of advice and consent authority.’’. 

6 SEC. 3. SENIOR JUSTICES. 

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

8 amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) Any Chief Justice of the United States or Asso12 ciate Justice of the Supreme Court who has retired from 

13 regular active service under section 371(b) of this title 

14 shall be known and designated as a Senior Justice and 

15 may continue to perform such judicial duties as such Jus16 tice is willing and able to undertake, when designated and 

17 assigned by the Chief Justice of the United States.’’; 

18 (2) in subsection (d), by striking ‘‘of such 

19 court’’ and all that follows through ‘‘Supreme 

20 Court.’’ and inserting: ‘‘of such court, except that 

21 any designation or assignment made to the Supreme 

22 Court shall be in accordance with subsection (e).’’; 

23 (3) by redesignating subsection (e) as sub24 section (g); and 


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1 (4) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e)(1) When there is a vacancy on the Supreme 

4 Court due to the death, disability certification under sec5 tion 372, or removal of a Justice, the retired Chief Justice 

6 of the United States or Associate Justice of the Supreme 

7 Court who has most recently become a Senior Justice shall 

8 be designated and assigned to serve as a Justice until an 

9 appointment is made under section 7 of this title. 

10 ‘‘(2) If there is more than one vacancy on the Su11 preme Court, the Senior Justice who has served in such 

12 capacity for the least amount of time shall be designated 

13 and assigned to serve as a Justice by the Chief Justice 

14 until each vacancy on the Supreme Court is filled. 

15 ‘‘(f) Any Chief Justice of the United States or Asso16 ciate Justice of the Supreme Court who has retired from 

17 regular active service under section 372 may not be a Sen18 ior Justice.’’. 

19 SEC. 4. EXCEPTION TO APPOINTMENT OF A SUCCESSOR. 

20 (a) RETIRED JUSTICES.—Section 371 of title 28, 

21 United States Code, is amended— 

22 (1) in subsection (d)— 

23 (A) by striking ‘‘justice or’’; and 

24 (B) by inserting before the period at the 

25 end the following: ‘‘or designate a Senior JusVerDate Sep 11 2014 20:31 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8424.IH H8424

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1 tice in accordance with section 294(e) to fill a 

2 vacancy resulting from the retirement of a jus3 tice under this section’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(f) Any justice of the United States who has served 

6 a total of 18 years as a justice shall be treated as a justice 

7 retired from regular active service under this section, un8 less the justice is otherwise eligible to retire as a result 

9 of a disability under section 372.’’. 

10 (b) DISABLED JUSTICES.—Section 372(a) of title 28, 

11 United States Code, is amended in the first sentence, by 

12 inserting after ‘‘a successor’’ the following: ‘‘or, in the case 

13 of a justice of the United States, fill the vacancy in accord14 ance with section 294(e)’’. 

Æ 


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