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This bill would change how Supreme Court justices are chosen and how long they serve. It would set up an 18-year term limit for active service on the Court, create a schedule for appointing new justices at regular times, and allow retired justices to keep serving in a limited way as “Senior Justices” when needed. It would also limit how long the Senate can delay action on a Supreme Court nominee. Justices already on the Court when the law takes effect would not be forced out by the new term limit rules.
- The President would have to nominate one Supreme Court justice in the first and third years after each presidential election year.
- A justice would be treated as retired from regular active service after 18 years, but could still serve in some cases as a Senior Justice.
- If a Supreme Court seat becomes open because of death, disability, or removal, a retired justice could be assigned to serve temporarily until a new appointment is made.
- If the Senate does not act on a nominee within 120 days, it would be treated as having given up its right to block the nomination, and the nominee would take the seat.
Official Summaries
Supreme Court Term Limits and Regular Appointments Act of 2025
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.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1074 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1074
To establish a process by which the appointment of Supreme Court
Justices can occur at regular time intervals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2025
Mr. Khanna (for himself, Mr. Beyer, Ms. Tlaib, Mr. Casten, Ms. Omar,
Mr. Goldman of New York, Mr. Vargas, Ms. Lee of Pennsylvania, and Ms.
Ansari) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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 2025''.
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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