IIA 118th CONGRESS 2d Session S. J. RES. 120 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.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: — 1. The Supreme Court of the United States shall be composed of nine justices (which includes the Chief Justice of the United States for purposes of this article each place it appears). 2. The term of the first justice of the Supreme Court of the United States (in this article referred to as a justice ) appointed on or after the date of the ratification of this article shall— (1) begin on July 1 of the first odd-numbered year beginning after the date of the ratification of this article; and (2) terminate on June 30 of the year that is 18 years after such odd-numbered year. 3. The term of the second justice appointed on or after the date of the ratification of this article, and each justice appointed thereafter, shall— (1) begin on July 1 of the first odd-numbered year after the odd-numbered year during which the term of the most recently appointed justice, other than a justice appointed under section 6 to serve for the remainder of an 18-year term, began; and (2) terminate on June 30 of the year that is 18 years after the odd-numbered year during which the term of the justice began. 4. For a vacancy arising because an individual serving as a justice on the day before the date of the ratification of this article ceases serving as a justice, if the vacancy arises before July 1 of the odd-numbered year during which the term of the justice appointed to fill the vacancy begins— (1) the individual appointed to fill the vacancy may serve as a justice before the term of the individual begins; and (2) the term of the individual as a justice shall terminate in accordance with section 2 or 3, as applicable. 5. For a vacancy arising because an individual serving as a justice on the day before the date of the ratification of this article ceases serving as a justice, if the vacancy arises after July 1 of the odd-numbered year during which the term of the individual appointed to fill the vacancy begins, the term of the individual as a justice shall terminate in accordance with section 2 or 3, as applicable, without regard to the fact that the individual did not begin serving as a justice on the date on which the term began. 6. If an individual who is appointed to a position as a justice on or after the date of the ratification of this article ceases serving as a justice before the end of the term of the individual as a justice, the President may appoint an individual to serve for the remainder of the term, by and with the advice and consent of the Senate. 7. When a vacancy arises in the position of Chief Justice of the United States, the most senior justice serving at the time the vacancy arises shall become the Chief Justice of the United States. 8. An individual appointed to a position as a justice on or after the date of the ratification of this article, including an individual appointed to serve for the remainder of a term under section 6, may not subsequently be appointed to a position as a justice. .