A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.

Bill: 117-s-461
Sponsor: full_name: Sen. Cruz, Ted [R-TX]
Introduced: 2021-02-25
Policy area: Congress
Subjects: Judges

Legislative rules and procedure

Senate

Supreme Court
Latest action: action_date: 2021-03-01
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 7.

Summaries:
action_date: 2021-02-25
action_desc: Introduced in Senate
text: <p>This bill creates a point of order against considering legislation in the Senate that modifies the total number of Justices of the U.S. Supreme Court. The bill allows the point of order to be waived by a vote of two-thirds of the Senate. </p>

tv_txt: II Calendar No. 7 117th CONGRESS 1st Session S. 461 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Cruz (for himself, Mr. Wicker , Mrs. Hyde-Smith , Mr. Marshall , Mr. Boozman , Mr. Hagerty , Mr. Cassidy , Mr. Lee , Mr. Scott of Florida , Mr. Cotton , Mr. Daines , Ms. Ernst , Mr. Kennedy , Mr. Barrasso , and Mr. Inhofe ) introduced the following bill; which was read the first time March 1, 2021 Read the second time and placed on the calendar A BILL To create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.

1. Point of order against legislation modifying the number of Justices of the Supreme Court of the United States (a) Point of order (1) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report amending section 1 of title 28, United States Code, to modify, or that otherwise modifies, the total number of Justices of the Supreme Court of the United States. (2) Point of order sustained If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (b) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (a)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Supermajority waiver and appeal In the Senate, this section may be waived or suspended only by an affirmative vote of two-thirds of the Members, duly chose and sworn. An affirmative vote of two-thirds of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

March 1, 2021 Read the second time and placed on the calendar