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H.R. 5140

Supreme Court Term Limits and Regular Appointments Act of 2021

Supreme Court Term Limits and Regular Appointments Act of 2021

This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices.

Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is deemed retired from regular service and may continue to serve as a Senior Justice. Senior Justices may continue to perform judicial duties assigned to them by the Chief Justice. However, no Justice appointed before the date of enactment shall be counted towards such panel, nor shall they be required to retire from regular active service.

In the event of a vacancy on the Court, the Chief Justice must assign the Justice most recently designated as a Senior Justice to serve on the Court until the appointment of a new Justice.

Additionally, the Senate's advice and consent authority is waived if the Senate does not act within 120 days of a Justice's nomination.

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Rep. Khanna, Ro [D-CA-17](D-CA)Sponsor
17 cosponsors17 D
17cosponsors1committees4actions
  1. Committee

    Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

    Courts, Intellectual Property, and the Internet Subcommittee
  2. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  3. IntroReferralIntro-H

    Introduced in House

  4. IntroReferral1000

    Introduced in House

Supreme Court Term Limits and Regular Appointments Act of 2021 — Informed