II 118th CONGRESS 1st Session S. 3096 IN THE SENATE OF THE UNITED STATES October 19, 2023 Mr. Whitehouse (for himself, Mr. Booker , Mr. Blumenthal , Mr. Padilla , Ms. Hirono , Mr. Merkley , Mr. Welch , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the regularized appointment of justices of the Supreme Court of the United States, and for other purposes.

1. Short title This Act may be cited as the Supreme Court Biennial Appointments and Term Limits Act of 2023 . 2. Supreme court terms of office (a) In general Chapter 1 of title 28, United States Code, is amended— (1) by striking by section 1 and inserting the following: 1. Number of justices; quorum (a) In general The Supreme Court of the United States shall consist of a Chief Justice of the United States and not fewer than 8 associate justices, any 6 of whom shall constitute a quorum. (b) Appellate jurisdiction cases Only the 9 most recently appointed justices of the Supreme Court of the United States who are not unavailable due to a temporary absence shall preside over appellate jurisdiction cases. (c) Original jurisdiction cases and other powers All justices of the Supreme Court of the United States shall preside over original jurisdiction cases, and may, subject to any procedures established by the Supreme Court, continue to exercise all other official powers, duties, or responsibilities of a justice of the Supreme Court required by law. ; (2) by striking section 3 and inserting the following: 3. Vacancy in office of Chief Justice; disability (a) Powers and duties of chief justice Whenever the Chief Justice is unable to perform the duties of the office or the office is vacant, the powers and duties of Chief Justice shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. (b) Permanent vacancy in office of Chief Justice In the event of a permanent vacancy in the office of Chief Justice of the United States, the first appointment of a justice under this chapter following such vacancy shall be to the office of Chief Justice of the United States. ; and (3) by adding at the end the following: 7. Appointment (a) Appointments (1) In general The President shall appoint, by and with the advice and consent of the Senate, 1 individual to be a justice of the Supreme Court of the United States within the first 120 days of the first and third years of a Presidential term. (2) Withdrawal or disapproval If the nomination of an individual under this section is withdrawn or disapproved by the Senate, the President shall appoint, by and with the advice and consent of the Senate, 1 individual to be a justice of the Supreme Court of the United States not later than 120 after the date of such withdrawal or disapproval. (3) Applicability The President shall not appoint any individual to be a justice of the Supreme Court of the United States if the number of justices who do not hear appellate jurisdiction cases is 9. (b) Exclusive manner of appointment Except as provided under subsection (c), the President shall not appoint an individual to be a justice of the Supreme Court of the United States except as provided under this section. (c) Fewer than 9 justices If due to a permanent vacancy the total number of justices of the Supreme Court of the United States is fewer than 9, the President shall appoint, by and with the advice and consent of the Senate, such number of individuals as necessary to be a justice of the Supreme Court until the total number of justices of the Supreme Court is 9. (d) Effective date of appointment (1) In general Except as provided in paragraph (2), the term for justices appointed under this section shall begin on July 1. (2) Fewer than 9 justices The term of an appointment under subsection (c) shall begin on the date on which the appointment is made. 8. Definitions In this chapter— (1) the term appellate jurisdiction cases means any action, proceeding, or controversy under section 1253, 1254, 1257, 1258, 1259, or 1260; (2) the term original jurisdiction cases means any action, proceeding, or controversy under section 1251; (3) the term permanent vacancy means a vacancy in the office of justice of the Supreme Court of the United States due to death, resignation, retirement, or removal; and (4) the term temporary absence means an absence due to disability, recusal, or disqualification. . (b) Technical and conforming 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. Definitions. . (c) Rules of the Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate, and as such it is deemed a part of the rules of the Senate, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. 3. Effective date This Act, and the amendments made by this Act, shall apply beginning on the date on which the first full term of a President commences pursuant to section 101 of title 3, United States Code, after the date of enactment of this Act. 4. Severability If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of the provisions of this Act and the amendments made by this Act and the application of the provision or amendment to any other person or circumstance shall not be affected.