Sponsors (80)
The bill increases predictability and shortens vacancies through fixed-term scheduling and temporary substitute justices, but it trades off continuity, democratic accountability, and constitutional/legal certainty—risking politicization and legal challenges while empowering unconfirmed retirees to influence major decisions.
All Americans (voters and taxpayers): A fixed, predictable Supreme Court turnover schedule (nominations in the 1st and 3rd post‑election years) makes Court composition and timing of appointments more predictable for the public and for government planning.
People concerned about long‑term Court ideology and litigants: Single 18‑year terms create more frequent appointment opportunities, reducing the chance of lifetime ideological entrenchment on the Court.
Citizens and court users: Deadlines for Senate action combined with a system of temporary substitute justices shorten prolonged vacancies and reduce delays in deciding cases, helping maintain Court functionality.
All Americans: The fixed timetable and novel temporary‑justice mechanisms create substantial risk of constitutional and legal challenges to the appointment process and the authority of temporary justices, which could produce prolonged disruption and uncertainty.
Taxpayers and litigants: The proposal permits unelected, unconfirmed retired justices to cast deciding votes on major cases, undermining democratic accountability and public confidence in judicial legitimacy.
Court users and institutional stakeholders: Automatically deeming incumbent justices retired when new commissions issue forces experienced justices off active service, reducing continuity, institutional memory, and on‑bench experience.
Based on analysis of 3 sections of legislative text.
Imposes single 18-year terms for Supreme Court justices, mandates a two-nominee schedule per presidential cycle, sets Senate confirmation deadlines, and allows retired justices to serve temporarily.
Introduced May 21, 2025 by Hank Johnson · Last progress May 21, 2025
Creates a fixed system for Supreme Court appointments: justices would serve a single 18-year active term, with the President required to nominate one justice in the first and third years after each Presidential election (two nominations in a four-year cycle). The Senate would have set deadlines to act on nominations, and currently serving justices would be transitioned to retired status in order of longest service as new justices are commissioned. The bill also permits retired Supreme Court justices to be chosen by the Chief Justice through a transparent, randomized process to sit temporarily when the Court has fewer active justices due to vacancy, disability, or disqualification. Implements predictable turnover, limits active service to 18 years per justice, constrains appointment methods to the new fixed schedule, and modifies temporary assignment rules to allow retired justices to fill shortfalls on the Court under specified conditions.