[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1100-S1101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4407. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supreme Court Biennial
Appointments and Term Limits Act of 2026''.
SEC. 2. SUPREME COURT TERMS OF OFFICE.
(a) In General.--Chapter 1 of title 28, United States Code,
is amended--
(1) by striking by section 1 and inserting the following:
``Sec. 1. Number of justices; quorum
``(a) In General.--The Supreme Court of the United States
shall consist of a Chief Justice of the United States and not
fewer than 8 associate justices, any 6 of whom shall
constitute a quorum.
``(b) Appellate Jurisdiction Cases.--Only the 9 most
recently appointed justices of the Supreme Court of the
United States who are not unavailable due to a temporary
absence shall preside over appellate jurisdiction cases.
``(c) Original Jurisdiction Cases and Other Powers.--All
justices of the Supreme Court of the United States shall
preside over original jurisdiction cases, and may, subject to
any procedures established by the Supreme Court, continue to
exercise all other official powers, duties, or
responsibilities of a justice of the Supreme Court required
by law.''.
(2) by striking section 3 and inserting the following:
``Sec. 3. Vacancy in office of Chief Justice; disability
``(a) Powers and Duties of Chief Justice.--Whenever the
Chief Justice is unable to perform the duties of the office
or the office is vacant, the powers and duties of Chief
Justice shall devolve upon the associate justice next in
precedence who is able to act, until such disability is
removed or another Chief Justice is appointed and duly
qualified.
``(b) Permanent Vacancy in Office of Chief Justice.--In the
event of a permanent vacancy in the office of Chief Justice
of the United States, the first appointment of a justice
under this chapter following such vacancy shall be to the
office of Chief Justice of the United States.''; and
(3) by adding at the end the following:
``Sec. 7. Appointment
``(a) Appointments.--
``(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate, 1 individual to be a
justice of the Supreme Court of the United States within the
first 120 days of the first and third years of a Presidential
term.
``(2) Withdrawal or disapproval.--If the nomination of an
individual under this section is withdrawn or disapproved by
the Senate, the President shall appoint, by and with the
advice and consent of the Senate, 1 individual to be a
justice of the Supreme Court of the United States not later
than 120 after the date of such withdrawal or disapproval.
``(3) Applicability.--The President shall not appoint any
individual to be a justice of the Supreme Court of the United
States if the number of justices who do not hear appellate
jurisdiction cases is 9.
``(b) Exclusive Manner of Appointment.--Except as provided
under subsection (c), the President shall not appoint an
individual to be a justice of the Supreme Court of the United
States except as provided under this section.
``(c) Fewer Than 9 Justices.--If due to a permanent vacancy
the total number of justices of the Supreme Court of the
United States is fewer than 9, the President shall appoint,
by and with the advice and consent of the Senate, such number
of individuals as necessary to be a justice of the Supreme
Court until the total number of justices of the Supreme Court
is 9.
``(d) Effective Date of Appointment.--
``(1) In general.--Except as provided in paragraph (2), the
term for justices appointed under this section shall begin on
July 1.
``(2) Fewer than 9 justices.--The term of an appointment
under subsection (c) shall
[[Page S1101]]
begin on the date on which the appointment is made.
``Sec. 8. Definitions
``In this chapter--
``(1) the term `appellate jurisdiction cases' means any
action, proceeding, or controversy under section 1253, 1254,
1257, 1258, 1259, or 1260;
``(2) the term `original jurisdiction cases' means any
action, proceeding, or controversy under section 1251;
``(3) the term `permanent vacancy' means a vacancy in the
office of justice of the Supreme Court of the United States
due to death, resignation, retirement, or removal; and
``(4) the term `temporary absence' means an absence due to
disability, recusal, or disqualification.''.
(b) Technical and Conforming 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. Definitions.''.
(c) Rules of the Senate.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate,
and as such it is deemed a part of the rules of the Senate,
and it supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate to change such 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.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply
beginning on the date on which the first full term of a
President commences pursuant to section 101 of title 3,
United States Code, after the date of enactment of this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or any application of such provision or amendment to any
person or circumstance, is held to be invalid, the remainder
of the provisions of this Act and the amendments made by this
Act and the application of the provision or amendment to any
other person or circumstance shall not be affected.
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