[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[Senate]
[Page S6030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2678. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4653, to protect the healthcare of hundreds of 
millions of people of the United States and prevent efforts of the 
Department of Justice to advocate courts to strike down the Patient 
Protection and Affordable Care Act; which was ordered to lie on the 
table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODIFYING THE 
                   NUMBER OF JUSTICES OF THE SUPREME COURT OF THE 
                   UNITED STATES.

       (a) Point of Order.--
       (1) In general.--In the Senate, it shall not be in order to 
     consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     amending section 1 of title 28, United States Code, to 
     modify, or that otherwise modifies, the total number of 
     Justices of the Supreme Court of the United States.
       (2) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in paragraph (1), 
     and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (b) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (a)(1), 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 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 
     subsection), no further amendment shall be in order.
       (c) Supermajority Waiver and Appeal.--In the Senate, this 
     section may be waived or suspended only by an affirmative 
     vote of two-thirds of the Members, duly chose and sworn. An 
     affirmative vote of two-thirds 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 
     section.
                                 ______
                                 
  SA 2679. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4653, to protect the healthcare of hundreds of 
millions of people of the United States and prevent efforts of the 
Department of Justice to advocate courts to strike down the Patient 
Protection and Affordable Care Act; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 2. POINT OF ORDER AGAINST LEGISLATION MODIFYING THE 
                   NUMBER OF JUSTICES OF THE SUPREME COURT OF THE 
                   UNITED STATES.

       (a) Point of Order.--
       (1) In general.--In the Senate, it shall not be in order to 
     consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     amending section 1 of title 28, United States Code, to 
     modify, or that otherwise modifies, the total number of 
     Justices of the Supreme Court of the United States.
       (2) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in paragraph (1), 
     and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (b) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (a)(1), 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 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 
     subsection), no further amendment shall be in order.
       (c) Supermajority Waiver and Appeal.--In the Senate, this 
     section may be waived or suspended only by an affirmative 
     vote of two-thirds of the Members, duly chose and sworn. An 
     affirmative vote of two-thirds 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 
     section.

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