S.Amdt. 4407

This amendment, submitted by Mr. Whitehouse, proposes to replace the entire content of bill S. 1383 with the Supreme Court Biennial Appointments and Term Limits Act of 2026. Its purpose is to change how Supreme Court justices are appointed and how they serve.

The amendment aims to add and change the following:

• Court Composition and Quorum: It sets the Court to consist of a Chief Justice and not fewer than 8 associate justices, with 6 justices required to make a quorum.
• Case Assignments: Only the 9 most recently appointed justices who are not temporarily absent will preside over appellate jurisdiction cases. All justices will preside over original jurisdiction cases.
• Chief Justice Vacancies: It defines how powers devolve to the next associate justice in precedence if the Chief Justice is unable to serve or the office is vacant.
• Appointment Schedule: The President must appoint one individual to the Court within the first 120 days of the first and third years of a Presidential term, with Senate advice and consent.
• Filling Vacancies: It establishes rules for filling permanent vacancies to ensure the Court maintains 9 justices and outlines the effective start dates for these appointments.