Supreme Court Tenure Establishment and Retirement Modernization Act of 2022
Bill: S.4706 | Sponsor: Sen. Whitehouse, Sheldon (D-RI)
Policy area: Law

Summary:
Supreme Court Tenure Establishment and Retirement Modernization Act of 2022
This bill sets an 18-year term limit for Supreme Court Justices.

To amend title 28, United States Code, to provide for the duration of 
active service of the Chief Justice of the United States and associate 
   justices of the Supreme Court of the United States, 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 Tenure Establishment 
and Retirement Modernization Act of 2022''.

SEC. 2. SUPREME COURT TERMS OF OFFICE.

    (a) In General.--Chapter 1 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 7. Appointment
    ``(a) Regular Appointment of Justices.--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 a Chief Justice of the United States or an associate 
justice of the Supreme Court of the United States.
    ``(b) Exclusive Method of Appointment.--The President shall not 
appoint any Chief Justice of the United States or associate justice of 
the Supreme Court of the United States except as provided in this 
section.
``Sec. 8. Duration of Active Service
    ``(a) New Justices.--A Chief Justice of the United States or an 
associate justice of the Supreme Court of the United States shall serve 
in regular active service for an 18-year period beginning on the date 
of the commission of the Chief Justice or associate justice, after 
which the justice shall be deemed to have retired from regular active 
service under section 371.
    ``(b) Current Justices.--Each Chief Justice of the United States 
and associate justice of the Supreme Court of the United States who was 
appointed before the date of enactment of this section and who is 
serving as the Chief Justice or associate justice, as applicable, on 
the date of enactment of this section shall, notwithstanding the period 
of service of the justice, in order of duration of service beginning 
with the justice who has served on the Supreme Court of the United 
States for the longest period of time, be deemed to have retired from 
regular active service under section 371(b) upon the date of commission 
of each new Chief Justice or associate justice, as applicable, as they 
are appointed under section 7.''.
    (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. Appointment
``8. Duration of Active Service''.

SEC. 3. SENIOR JUSTICES.

    Section 294 of title 28, United States Code, is amended--
            (1) in subsection (d), by inserting ``, except as provided 
        by subsection (e)'' before the period at the end;
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) If number of justices of the Supreme Court of the United 
States falls below that provided in section 1 due to vacancy, 
disability, or disqualification, the Chief Justice or associate justice 
of the Supreme Court who has most recently retired from regular active 
service under section 371 but retained their office shall serve as an 
associate justice until the number of justices who have not retired 
from regular active service equals that provided in section 1.''.
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