Sponsors (84)
The bill trades a more regular, transparent, and vacancy-resilient Supreme Court appointment system — reducing lifetime entrenchment and speeding decisions — against substantial constitutional and legitimacy risks, increased politicization, forced turnover of experienced justices, and potential legal and administrative disruption.
All Americans (voters and taxpayers) get a predictable nomination calendar and regular 18-year single terms for justices, meaning more frequent, scheduled opportunities for appointments and less lifetime ideological entrenchment on the Court.
Litigants, courts, and the public benefit because temporary substitute justices let the Supreme Court continue deciding cases quickly when vacancies or disqualifications occur, reducing delays without requiring new Senate confirmations.
State governments and taxpayers face fewer prolonged vacancies because the bill imposes a 90-day Senate deadline for initial action, which can shorten periods when the Court lacks full membership and reduce uncertainty about Court composition.
The President, courts, litigants, and taxpayers face a high risk of constitutional and legal challenges because restricting presidential appointment timing and authorizing temporary retired-justice votes could conflict with appointment clauses and invite lawsuits that disrupt Court business and case finality.
Taxpayers and people affected by major cases may have outcomes decided by unelected, unconfirmed retired justices serving as temporary substitutes, raising democratic legitimacy concerns about who gets to cast decisive votes on important legal issues.
The Senate, nominees, and the public could see confirmations become more politicized or rushed because strict 90/120-day deadlines create pressure to act quickly, risking less thorough vetting of nominees.
Based on analysis of 3 sections of legislative text.
Imposes 18-year single active terms and a fixed two-nomination presidential schedule, sets Senate confirmation deadlines, and allows temporary recall of retired justices by the Chief Justice.
Official title: To amend title 28, United States Code, to provide for the duration of active service of justices of the Supreme Court, and for other purposes.
Introduced May 21, 2025 by Hank Johnson · Last progress May 21, 2025
Imposes an 18-year single term for Supreme Court justices with a fixed two-nomination schedule in each four-year presidential cycle and deadlines for Senate action on nominations. It also permits the Chief Justice to select retired justices via a transparent, randomized process to sit temporarily when the Court has fewer active justices due to vacancy, disability, or disqualification. Existing justices are transitioned into retired status in order of longest service as new justices are commissioned. The bill changes appointment mechanics and confirmation timelines rather than Court size or pay, and updates cross-references in federal statute to allow temporary service by retired justices under specified circumstances.