Supreme Court Term Limits and Regular Appointments Act of 2021
Bill: H.R.5140 | Sponsor: Rep. Khanna, Ro (D-CA)
Policy area: Law

Summary:
Supreme Court Term Limits and Regular Appointments Act of 2021
This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices.
Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is deemed retired from regular service and may continue to serve as a Senior Justice. Senior Justices may continue to perform judicial duties assigned to them by the Chief Justice. However, no Justice appointed before the date of enactment shall be counted towards such panel, nor shall they be required to retire from regular active service.
In the event of a vacancy on the Court, the Chief Justice must assign the Justice most recently designated as a Senior Justice to serve on the Court until the appointment of a new Justice.
Additionally, the Senate's advice and consent authority is waived if the Senate does not act within 120 days of a Justice's nomination.

To establish a process by which the appointment of Supreme Court 
 Justices can occur at regular time intervals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supreme Court Term Limits and 
Regular Appointments Act of 2021''.

SEC. 2. SUPREME COURT TERM LIMITS.

    (a) In General.--Chapter 1 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 7. Term limits
    ``The President shall, during the first and third years after a 
year in which there is a Presidential election, nominate, and by and 
with the advice and consent of the Senate, appoint one Justice of the 
Supreme Court.
``Sec. 8. Senior Justices
    ``(a) In General.--Except as provided in subsection (c), the panel 
of justices exercising Judicial power in Cases and Controversies shall 
comprise the nine most junior Justices.
    ``(b) Deemed Retired.--After a Justice has served 18 years, that 
Justice shall be deemed a Justice retired from regular active service 
under section 371(b).
    ``(c) Exception.--No Justice appointed before the date of enactment 
of this Act shall be counted toward the panel of nine Justices 
described in subsection (a), nor shall they be required to retire from 
regular active service under subsection (b).
``Sec. 9. Waiver of advice and consent authority
    ``If the Senate does not exercise its advice and consent authority 
with respect to a President's nominee to the Supreme Court within 120 
days after the nomination, the Senate shall be deemed to have waived 
its advice and consent authority with respect to such nominee, and the 
nominee shall be seated as a Justice of the Supreme Court.''.
    (b) Clerical Amendment.--The table of sections for chapter 1 of 
title 28, United States Code, is amended by adding at the end the 
following:

``7. Term limits.
``8. Senior Justices.
``9. Waiver of advice and consent authority.''.

SEC. 3. SENIOR JUSTICES.

    Section 294 of title 28, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Any Chief Justice of the United States or Associate Justice 
of the Supreme Court who has retired from regular active service under 
section 371(b) of this title shall be known and designated as a Senior 
Justice and may continue to perform such judicial duties as such 
Justice is willing and able to undertake, when designated and assigned 
by the Chief Justice of the United States.'';
            (2) in subsection (d), by striking ``of such court'' and 
        all that follows through ``Supreme Court.'' and inserting: ``of 
        such court, except that any designation or assignment made to 
        the Supreme Court shall be in accordance with subsection 
        (e).'';
            (3) by redesignating subsection (e) as subsection (g); and
            (4) by inserting after subsection (d) the following:
    ``(e)(1) When there is a vacancy on the Supreme Court due to the 
death, disability certification under section 372, or removal of a 
Justice, the retired Chief Justice of the United States or Associate 
Justice of the Supreme Court who has most recently become a Senior 
Justice shall be designated and assigned to serve as a Justice until an 
appointment is made under section 7 of this title.
    ``(2) If there is more than one vacancy on the Supreme Court, the 
Senior Justice who has served in such capacity for the least amount of 
time shall be designated and assigned to serve as a Justice by the 
Chief Justice until each vacancy on the Supreme Court is filled.
    ``(f) Any Chief Justice of the United States or Associate Justice 
of the Supreme Court who has retired from regular active service under 
section 372 may not be a Senior Justice.''.

SEC. 4. EXCEPTION TO APPOINTMENT OF A SUCCESSOR.

    (a) Retired Justices.--Section 371 of title 28, United States Code, 
is amended--
            (1) in subsection (d)--
                    (A) by striking ``justice or''; and
                    (B) by inserting before the period at the end the 
                following: ``or designate a Senior Justice in 
                accordance with section 294(e) to fill a vacancy 
                resulting from the retirement of a justice under this 
                section''; and
            (2) by adding at the end the following:
    ``(f) Any justice of the United States who has served a total of 18 
years as a justice shall be treated as a justice retired from regular 
active service under this section, unless the justice is otherwise 
eligible to retire as a result of a disability under section 372.''.
    (b) Disabled Justices.--Section 372(a) of title 28, United States 
Code, is amended in the first sentence, by inserting after ``a 
successor'' the following: ``or, in the case of a justice of the United 
States, fill the vacancy in accordance with section 294(e)''.
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