[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5566 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5566

 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

                           September 19, 2023

 Mr. Johnson of Georgia (for himself, Ms. Schakowsky, Mr. Schiff, Ms. 
  Lee of California, Mr. Thanedar, Mr. Nadler, and Mr. Goldman of New 
    York) 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 2023''.

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.
    ``(c) Limitation on Repeat Appointments.--An individual, once 
confirmed by the Senate, may only serve one 18-year term as a Supreme 
Court Justice.
    ``(d) Senate Confirmation.--
            ``(1) In general.--The Senate shall exercise its authority 
        to provide advice and consent on nominations made under 
        subsection (a) not later than 90 days after the date on which 
        the individual is nominated by the President.
            ``(2) Withdrawal or disapproval.--If the President 
        withdraws a nomination under subsection (a) or the Senate 
        disapproves such a nomination, the President shall make another 
        nomination under subsection (a). The Senate shall exercise its 
        authority to provide advice and consent on such a subsequent 
        nomination not later than 120 days after the date on which the 
        individual is nominated by the President.
``Sec. 8. Duration of active service
    ``(a) New Justices.--Each justice shall serve in regular active 
service for 18 years beginning on the date on which the justice is 
sworn in, 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, a justice of the Supreme Court who has retired from 
regular active service under section 371 but retained their office 
shall be chosen by the Chief Justice through a publicly transparent and 
randomized process to 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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