117 S4681 IS: Supreme Court Review Act of 2022 U.S. Senate 2022-07-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4681IN THE SENATE OF THE UNITED STATESJuly 28, 2022Mr. Whitehouse (for himself, Ms. Cortez Masto, Ms. Warren, Ms. Hirono, Mr. Blumenthal, Mr. Wyden, Mr. Padilla, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo establish a process for expedited consideration of legislation relating to decisions by the Supreme Court of the United States.

1.

Short title

This Act may be cited as the Supreme Court Review Act of 2022.

2.

Definitions

In this Act—(1)the term covered joint resolution means a joint resolution—(A)that is—(i)reported by a committee of the Senate under section 3(c)(1);(ii)placed on the calendar in the Senate in accordance with section 3(d); or(iii)reported by a committee of the House of Representatives under section 3(c)(2);(B)the title of which is as follows: Joint resolution relating to ____, the blank space being filled in with the name of a covered Supreme Court decision the matter of which was referred to—(i)a committee of the Senate, upon the Senate agreeing to a motion offered under section 3(a)(2)(A); or(ii)1 or more committees of the House of Representatives, upon the House of Representatives agreeing to a motion offered under section 3(a)(3)(A);(C)which does not have a preamble; and(D)the matter after the resolving clause of which—(i)for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), only amends—(I)covered provisions of Federal statute with respect to the covered Supreme Court decision; or(II)provisions of Federal statute that are directly implicated by a covered provision of Federal statute described in subclause (I), including statutory definitions, dates, and provisions the meaning of which are reasonably likely to be affected by an amendment to the covered provision of Federal statute; or(ii)for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), only amends or enacts provisions of Federal statute in a manner that is reasonably relevant to the covered Supreme Court decision; (2)the term covered provision of Federal statute means a provision of Federal statute interpreted for the first time or reinterpreted by a covered Supreme Court decision;(3)the term covered Supreme Court decision means a decision of the Supreme Court— (A)which—(i)interprets a provision of Federal statute for the first time; or(ii)reinterprets a provision of Federal statute that was previously interpreted by the Supreme Court; or(B)which interprets or reinterprets the Constitution of the United States in a manner that diminishes an individual right or privilege that is or was previously protected by the Constitution of the United States; (4)the term extraneous matter, with respect to a covered joint resolution, an amendment between the Houses in relation thereto, or a conference report thereon, means a provision— (A)for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), that—(i)amends a provision of a Federal statute that is not—(I)a covered provision of Federal statute with respect to the case identified in the title of the covered joint resolution; or(II)directly implicated by a covered provision of Federal statute described in subclause (I); or(ii)amends a provision of Federal statute described in subclause (I) or (II) of clause (i) in a manner that is not reasonably relevant to the questions presented in the covered Supreme Court decision; or(B)for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), that is not reasonably relevant to the covered Supreme Court decision; and(5)the term Supreme Court means the Supreme Court of the United States.

3.

Reconsideration of covered Supreme Court decisions

(a)

Opening vote

(1)

Notice to Congress

Not later than 2 days after the date on which the Supreme Court issues a covered Supreme Court decision, the Comptroller General of the United States shall submit to Congress written notice of the covered Supreme Court decision.(2)

Senate

(A)

In general

Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to— (i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision.(B)

Floor consideration of motion to refer with instructions to report

If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and is signed by 16 Senators—(i)all points of order against the motion are waived;(ii)consideration of the motion, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, which shall be divided equally between the majority and minority leaders or their designees;(iii)a motion further to limit debate is in order and not debatable;(iv)an amendment to or a motion to postpone the motion is not in order; and(v)a motion to proceed to the consideration of other business is not in order. (C)

Referral without instructions to report

If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and signed by 16 Senators, the notice shall be referred, with no instructions to report, to—(i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision.(3)

House of Representatives

(A)

In general

In the House of Representatives, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to—(i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision.(B)

Procedure

If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A)—(i)all points of order against the motion are waived;(ii)the previous question shall be considered as ordered on the motion to its adoption, except 4 hours of debate equally divided and controlled by the proponent and an opponent;(iii)an amendment to the motion shall not be in order; and(iv)a motion to reconsider the vote on adoption of the motion shall not be in order. (C)

Referral without instructions to report

If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A), the notice shall be referred, with no instructions to report, to—(i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (b)

Referral

(1)

Senate

(A)

In general

In the Senate, following the disposition of a motion offered under subsection (a)(2)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to—(i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B)

Expedited procedures apply if referral agreed to

If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(1), which shall be subject to consideration under the procedures under this section. (C)

Limitation on expedited procedures

If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is not agreed to—(i)the committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and(ii)(I)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by the committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or(II)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by the committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section.(2)

House of Representatives

(A)

In general

In the House of Representatives, following the disposition of a motion offered under subsection (a)(3)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to—(i)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(ii)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B)

Expedited procedures apply if referral agreed to

If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee or committees to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(2), which shall be subject to consideration under the procedures under this section. (C)

Limitation on expedited procedures

If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is not agreed to—(i)a committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and(ii)(I)for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by such a committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or(II)for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by such a committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section. (c)

Consideration by committee

(1)

Senate

If a motion offered under subsection (a)(2)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(1), the committee of the Senate to which the covered Supreme Court decision was referred shall report to the Senate a covered joint resolution with respect to the covered Supreme Court decision.(2)

House of Representatives

If a motion offered under subsection (a)(3)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(2), each committee of the House of Representatives to which the covered Supreme Court decision was referred shall report to the House of Representatives a covered joint resolution with respect to the covered Supreme Court decision.(d)

Alternative covered joint resolutions in the Senate

(1)

In general

A covered joint resolution with respect to a covered Supreme Court decision that is introduced in the Senate shall be immediately placed on the appropriate calendar if a motion to place the covered joint resolution on the appropriate calendar that is signed by 40 Senators is filed—(A)if another covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), during—(i)the period beginning on the date on which the other covered joint resolution is reported under subsection (c)(1); and(ii)ending on the date that is 10 session days after the date described in clause (i); or(B)if a motion offered under subsection (a)(2)(A) with respect to the notice regarding the covered Supreme Court decision is agreed to and no other covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), notwithstanding the requirement to report under subsection (c)(1), during—(i)the period beginning on the date that is 30 days after the date of the referral of the notice with respect to the covered Supreme Court decision under subsection (b)(1); and(ii)ending on the date that is 10 session days after the date described in clause (i).(2)

Limitations

(A)

In general

Only 1 covered joint resolution with respect to a covered Supreme Court decision may be placed on the appropriate calendar pursuant to this subsection.(B)

Multiple motions

If multiple motions to place a covered joint resolution with respect to a covered Supreme Court decision on the appropriate calendar are signed by 40 Senators and submitted within the appropriate periods described in subparagraphs (A) and (B) of paragraph (1)— (i)the only covered joint resolution that shall be placed on the appropriate calendar pursuant to this subsection is the covered joint offered by the first motion that is signed by the Minority Leader of the Senate; and(ii)any other such motion— (I)shall not be placed on the appropriate calendar; and (II)shall be referred to— (aa)for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or(bb)for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (e)

Expedited consideration in Senate

(1)

Proceeding to consideration

(A)

In general

Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order—(i)to move to proceed to a covered joint resolution reported to the Senate under subsection (c)(1) not later than 10 days after the date on which the covered joint resolution is reported; or (ii)to move to proceed to a covered joint resolution placed on the calendar under subsection (d) not later than 10 days after the date on which the covered joint resolution is placed on the calendar.(B)

Procedure

For a motion to proceed to the consideration of a covered joint resolution—(i)all points of order against the motion are waived;(ii)the motion is not debatable;(iii)the motion is not subject to a motion to postpone;(iv)a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and(v)if the motion is agreed to, the covered joint resolution shall remain the unfinished business until disposed of.(2)

Floor consideration generally

If the Senate proceeds to consideration of a covered joint resolution—(A)all points of order against the covered joint resolution (and against consideration of the covered joint resolution) are waived, except for points of order relating to extraneous matter;(B)consideration of the covered joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees;(C)a motion further to limit debate is in order and not debatable;(D)an amendment to, a motion to postpone, or a motion to recommit the covered joint resolution is not in order; and(E)a motion to proceed to the consideration of other business is not in order.(3)

Point of order against extraneous matter

(A)

Point of order

(i)

In general

In the Senate, it shall not be in order to consider a provision in a covered joint resolution that contains extraneous matter.(ii)

Point of order sustained

If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure.(B)

Form of the point of order

A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)).(C)

Conference reports

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a covered joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), 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 not 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 subparagraph), no further amendment shall be in order.(D)

Supermajority waiver and appeal

In the Senate, this paragraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths 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 paragraph.(4)

Vote on passage

The vote on passage of a covered joint resolution shall occur immediately following the conclusion of the consideration of the covered joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.(5)

Limitation on multiple measures

If a covered joint resolution with respect to a covered Supreme Court decision is agreed to in the Senate, it shall not be in order in the Senate to move to proceed to any other covered joint resolution that was introduced in the Senate with respect to the covered Supreme Court decision. (6)

Rulings of the chair on procedure

Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to a covered joint resolution shall be decided without debate.(f)

Additional procedures

(1)

Treatment of covered joint resolution of other House

(A)

In general

If the Senate receives from the House of Representatives a covered joint resolution, the covered joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section, without regard to whether Senate introduced or considered a covered joint resolution relating to the applicable covered Supreme Court decision.(B)

Limitation on multiple measures

If a covered joint resolution with respect to a covered Supreme Court decision received from the House of Representatives is considered in the Senate under the procedures under this section, it shall not be in order in the Senate to move to proceed to any other covered joint resolution with respect to the covered Supreme Court decision that is received from the House of Representatives. (2)

Vetoes

If the President vetoes a covered joint resolution, consideration of a veto message in the Senate under this section shall be not more than 2 hours equally divided between the majority and minority leaders or their designees.(g)

Rules of House of Representatives and Senate

Paragraphs (2) and (3) of subsection (a) and subsections (b) through (f) are enacted by Congress—(1)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and(2)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

4.

Rule of construction

Nothing in this Act shall be construed to limit the authority of the Senate or the House of Representatives to consider and enact legislation relating to covered provisions of Federal statute or rights under the Constitution of the United States under other applicable procedures.