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119-s-5076119th Congress

Supreme Court Biennial Appointments and Term Limits Act of 2026

Sponsored By: Senator Whitehouse, Sheldon [D-RI]

Introduced

Summary

This bill would create a biennial appointment framework for the Supreme Court. It would also set a nine-justice minimum, require rotating appellate panels drawn from the most recently appointed justices, and clarify Chief Justice succession.

Show full summary
  • Would fix the Court at a Chief Justice plus at least eight associate justices, set a quorum of six, and limit appellate jurisdiction panels to the nine most recently appointed justices who are available. All justices would preside over original jurisdiction cases.
  • Would require the President to appoint one justice within the first 120 days of the first and third years of a Presidential term and to fill permanent vacancies so the Court returns to nine justices. Appointments would generally take effect July 1.
  • Would transfer the Chief Justice's duties to the next-in-precedence associate justice during temporary disability or vacancy and require the first post-vacancy appointment to be to Chief Justice. The bill treats these rules as part of Senate rulemaking and includes a severability clause.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Biennial Supreme Court Appointment Schedule

This bill would require the President, with Senate advice and consent, to appoint one justice within the first 120 days of the first and third years of a Presidential term. If a nomination is withdrawn or disapproved, the President would have 120 days after that to appoint a replacement. The bill would require filling permanent vacancies so the Court reaches nine justices. Generally a justice's term under these rules would begin on July 1, but appointments made when the Court has fewer than nine justices would begin on the appointment date. The bill would also add definitions for which cases are appellate or original, and for permanent vacancies and temporary absences.

Who Hears Supreme Court Appeals

This bill would set the Court to a Chief Justice plus at least eight associate justices. It would say six justices make a quorum. It would require that only the nine most recently appointed justices who are available hear appellate cases. It would say all justices hear original-jurisdiction cases. These rules would start when the first full presidential term begins after the law is passed.

Chief Justice Vacancy and Succession

This bill would require that when the Chief Justice cannot perform duties or the office is vacant, the associate justice next in precedence who can act would perform the Chief Justice's duties. If the Chief Justice vacancy is permanent, the first appointment under the chapter after that vacancy would be to the office of Chief Justice. These rules would apply when the first full presidential term begins after the law is passed.

Senate Rule Authority and Severability

This bill would say the section is enacted as an exercise of the Senate's rulemaking power and would be treated as part of the Senate rules. It would say it overrides other Senate rules only where they conflict, but the Senate could still change its rules. The bill would also include a severability clause so if one part is held invalid, the rest would remain in force.

Sponsors & CoSponsors

Sponsor

Whitehouse, Sheldon [D-RI]

RI • D

Cosponsors

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 7/22/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 7/22/2026

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 7/22/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 7/22/2026

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 7/22/2026

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 7/22/2026

  • Sen. Schatz, Brian [D-HI]

    HI • D

    Sponsored 7/22/2026

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 7/22/2026

  • Sen. Murray, Patty [D-WA]

    WA • D

    Sponsored 7/22/2026

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 7/22/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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