[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8500 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8500

 To amend title 28, United States Code, to provide for the duration of 
    active service of justices of the Supreme Court, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2022

  Mr. Johnson of Georgia (for himself, Mr. Nadler, Mr. Cicilline, Ms. 
   Jackson Lee, Ms. Bass, Mr. Khanna, and Mr. Cohen) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to provide for the duration of 
    active service of justices of the Supreme Court, 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 one justice of the Supreme Court.
    ``(b) Exclusive Method of Appointment.--The President shall not 
appoint any justice of the Supreme Court except as provided in this 
section.
``Sec. 8. Duration of active service
    ``(a) New Justices.--Each justice shall serve in regular active 
service for 18 years from the date of the justice's commission, after 
which the justice shall be deemed to have retired from regular active 
service under section 371.
    ``(b) Current Justices.--Each justice who was appointed before the 
date of enactment of this section and who is serving as a justice 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 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 justice 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 striking the period at the end 
        and inserting ``except as provided by subsection (e).'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) In the event that the number of justices of the Supreme Court 
falls below that provided in section 1 due to vacancy, disability, or 
disqualification, the 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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