I 

118TH CONGRESS 

1ST SESSION H. R. 5566 

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

active service of justices of the Supreme Court, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2023 

Mr. JOHNSON of Georgia (for himself, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. 

LEE of California, Mr. THANEDAR, Mr. NADLER, and Mr. GOLDMAN of 

New York) introduced the following bill; which was 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 justices of the Supreme 

Court, 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 2023’’. 


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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 one justice of the Supreme Court. 

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

12 President shall not appoint any justice of the Supreme 

13 Court except as provided in this section. 

14 ‘‘(c) LIMITATION ON REPEAT APPOINTMENTS.—An 

15 individual, once confirmed by the Senate, may only serve 

16 one 18-year term as a Supreme Court Justice. 

17 ‘‘(d) SENATE CONFIRMATION.— 

18 ‘‘(1) IN GENERAL.—The Senate shall exercise 

19 its authority to provide advice and consent on nomi20 nations made under subsection (a) not later than 90 

21 days after the date on which the individual is nomi22 nated by the President. 

23 ‘‘(2) WITHDRAWAL OR DISAPPROVAL.—If the 

24 President withdraws a nomination under subsection 

25 (a) or the Senate disapproves such a nomination, the 

26 President shall make another nomination under subVerDate Sep 11 2014 22:32 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5566.IH H5566

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1 section (a). The Senate shall exercise its authority to 

2 provide advice and consent on such a subsequent 

3 nomination not later than 120 days after the date 

4 on which the individual is nominated by the Presi5 dent. 

6 ‘‘§ 8. Duration of active service 

7 ‘‘(a) NEW JUSTICES.—Each justice shall serve in 

8 regular active service for 18 years beginning on the date 

9 on which the justice is sworn in, after which the justice 

10 shall be deemed to have retired from regular active service 

11 under section 371. 

12 ‘‘(b) CURRENT JUSTICES.—Each justice who was ap13 pointed before the date of enactment of this section and 

14 who is serving as a justice on the date of enactment of 

15 this section shall, notwithstanding the period of service of 

16 the justice, in order of duration of service beginning with 

17 the justice who has served on the Supreme Court for the 

18 longest period of time, be deemed to have retired from reg19 ular active service under section 371(b) upon the date of 

20 commission of each new justice as they are appointed 

21 under section 7.’’. 

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

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

24 by adding at the end the following: 

‘‘7. Appointment. 

‘‘8. Duration of active service.’’. 


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1 SEC. 3. SENIOR JUSTICES. 

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

3 amended— 

4 (1) in subsection (d), by striking the period at 

5 the end and inserting ‘‘except as provided by sub6 section (e).’’; 

7 (2) by redesignating subsection (e) as sub8 section (f); and 

9 (3) by inserting after subsection (d) the fol10 lowing: 

11 ‘‘(e) In the event that the number of justices of the 

12 Supreme Court falls below that provided in section 1 due 

13 to vacancy, disability, or disqualification, a justice of the 

14 Supreme Court who has retired from regular active service 

15 under section 371 but retained their office shall be chosen 

16 by the Chief Justice through a publicly transparent and 

17 randomized process to serve as an associate justice until 

18 the number of justices who have not retired from regular 

19 active service equals that provided in section 1.’’. 

Æ 


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