118 S5220 IS: Supreme Court Review Act of 2024
U.S. Senate
2024-09-25
text/xml
EN
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II
118th CONGRESS
2d Session
S. 5220
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Whitehouse (for himself, Ms. Cortez Masto, Mr. Blumenthal, Mr. Padilla, Ms. Warren, Ms. Hirono, Mr. Wyden, Mr. Welch, Mr. Merkley, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To 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 2024”.
2.

Definitions
In this Act—
(1)
the term covered joint resolution means a joint resolution that—
(A)
is—
(i)
reported by a committee of the Senate not later than 30 days of session after the date on which the joint resolution is referred to committee;
(ii)
placed on the calendar in the Senate in accordance with section 3(a); or
(iii)
placed on the calendar in the Senate in accordance with section 3(c); and
(B)
is germane to the covered Supreme Court decision described in paragraph (3)(A)(i), with respect to the joint resolution;
(2)
the term covered Supreme Court decision means a decision of the Supreme Court—
(A)
which interprets a provision of Federal statute; 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;
(3)
the term joint resolution means only a joint resolution—
(A)
that is introduced during the period—
(i)
beginning on the date on which the Supreme Court issues a covered Supreme Court decision; and
(ii)
ending on the date that is 10 days of session after the date described in clause (i);
(B)
the title of which is as follows: “Joint resolution relating to ____”, the blank space being filled in with the name of the covered Supreme Court decision described in subparagraph (A)(i); and
(C)
which does not have a preamble; and
(4)
the term Supreme Court means the Supreme Court of the United States.
3.

Reconsideration of covered Supreme Court decisions
(a)

Discharge of committee in the Senate
(1)

Motion to discharge
Upon a motion by the minority leader or the ranking member of a committee to which a joint resolution with respect to a covered Supreme Court decision has been referred, such committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the calendar, if such motion by the minority leader or the ranking member of such committee is made during the period—
(A)
beginning 30 days of session after the date on which such joint resolution is referred to such committee; and
(B)
ending on the date that is 10 days of session after the date described in subparagraph (A).
(2)

Limitations
Only 1 covered joint resolution with respect to a particular covered Supreme Court decision may be placed on the calendar in the Senate pursuant to this subsection.
(b)

Expedited consideration in the 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 to move to proceed to a covered joint resolution not later than 10 days of session after the date on which the covered joint resolution is placed on the calendar.
(B)

Procedure
Subject to the limitations under subparagraph (C), 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.
(C)

Limitations on motions to proceed
The procedures set forth in subparagraph (B) shall apply only to—
(i)
for a covered joint resolution reported by a committee, a motion to proceed made by the majority leader, the chair of such committee, or a designee;
(ii)
for a covered joint resolution placed on the calendar under subsection (a)(1), a motion to proceed made by the majority leader, the minority leader, the ranking member described in subsection (a)(1), or a designee; or
(iii)
for a covered joint resolution received from the House, a motion to proceed made by the majority leader, the chair of the committee with jurisdiction of the covered joint resolution, or a designee.
(2)

Floor consideration generally
If the Senate proceeds to the 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 non-germane matters;
(B)
consideration of the covered joint resolution, and all amendments, 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)
the only amendments in order to the covered joint resolution are—
(i)
germane amendments proposed by a committee to which the joint resolution was referred;
(ii)
not more than 5 germane amendments proposed by the majority leader, or a designee; and
(iii)
not more than 5 germane amendments proposed by the minority leader, or a designee;
(E)
a motion to postpone or a motion to recommit the covered joint resolution is not in order; and
(F)
a motion to proceed to the consideration of other business is not in order.
(3)

Point of order against non-germane 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, or an amendment thereto, that contains non-germane 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)

Considerations
In determining whether a provision is germane under this paragraph, the factors considered by the Chair shall include—
(i)
whether the provision amends a provision of Federal statute that is not referenced in the opinion associated with the covered Supreme Court decision at issue in the covered joint resolution;
(ii)
whether the provision amends a provision of Federal statute that is not referenced in a Federal statute that is referenced in the opinion associated with the covered Supreme Court decision at issue in the covered joint resolution; and
(iii)
whether the provision amends a provision of Federal statute in a manner that is not directly related to the decision in the covered Supreme Court decision at issue in the covered joint resolution.
(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, except as provided in subsection (c)(1), it shall not be in order in the Senate to move to proceed to any other covered joint resolution that is placed on the calendar 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.
(c)

Additional procedures
(1)

Treatment of covered joint resolution of other house
(A)

In general
If the Senate receives from the House of Representatives a joint resolution with respect to a covered Supreme Court decision within 40 days of session after the date on which the Supreme Court issues such covered Supreme Court decision, the joint resolution of the House of Representatives shall not be referred to a committee, shall immediately be placed on the appropriate calendar, and shall be entitled to expedited floor procedures under this section, without regard to whether the Senate introduced a joint resolution or considered a covered joint resolution relating to the applicable covered Supreme Court decision.
(B)

Limitation on multiple measures
If a 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 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.
(d)

Rules of the Senate
Subsections (a), (b), and (c) are enacted by Congress—
(1)
as an exercise of the rulemaking power of the Senate, and as such are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate 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 the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.
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 a provision of Federal statute interpreted for the first time or reinterpreted by a covered Supreme Court decision or rights under the Constitution of the United States under other applicable procedures.