Supreme Court Biennial Appointments and Term Limits Act of 2023

“1. Number of justices; quorum

“(a) In general—The Supreme Court of the United States shall consist of a Chief Justice of the United States and not fewer than 8 associate justices, any 6 of whom shall constitute a quorum.”

“(b) Appellate jurisdiction cases—Only the 9 most recently appointed justices of the Supreme Court of the United States who are not unavailable due to a temporary absence shall preside over appellate jurisdiction cases.

“(c) Original jurisdiction cases and other powers—All justices of the Supreme Court of the United States shall preside over original jurisdiction cases, and may, subject to any procedures established by the Supreme Court, continue to exercise all other official powers, duties, or responsibilities of a justice of the Supreme Court required by law.”

“3. Vacancy in office of Chief Justice; disability

“(a) Powers and duties of chief justice—Whenever the Chief Justice is unable to perform the duties of the office or the office is vacant, the powers and duties of Chief Justice shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.

“(b) Permanent vacancy in office of Chief Justice—In the event of a permanent vacancy in the office of Chief Justice of the United States, the first appointment of a justice under this chapter following such vacancy shall be to the office of Chief Justice of the United States.”

“7. Appointment

“(a) Appointments

“(1) In general—The President shall appoint, by and with the advice and consent of the Senate, 1 individual to be a justice of the Supreme Court of the United States within the first 120 days of the first and third years of a Presidential term.

“(2) Withdrawal or disapproval—If the nomination of an individual under this section is withdrawn or disapproved by the Senate, the President shall appoint, by and with the advice and consent of the Senate, 1 individual to be a justice of the Supreme Court of the United States not later than 120 after the date of such withdrawal or disapproval.

“(3) Applicability—The President shall not appoint any individual to be a justice of the Supreme Court of the United States if the number of justices who do not hear appellate jurisdiction cases is 9.

“(b) Exclusive manner of appointment—Except as provided under subsection (c), the President shall not appoint an individual to be a justice of the Supreme Court of the United States except as provided under this section.

“(c) Fewer than 9 justices—If due to a permanent vacancy the total number of justices of the Supreme Court of the United States is fewer than 9, the President shall appoint, by and with the advice and consent of the Senate, such number of individuals as necessary to be a justice of the Supreme Court until the total number of justices of the Supreme Court is 9.

“(d) Effective date of appointment

“(1) In general—Except as provided in paragraph (2), the term for justices appointed under this section shall begin on July 1.

“(2) Fewer than 9 justices—The term of an appointment under subsection (c) shall begin on the date on which the appointment is made.

“8. Definitions

“In this chapter—

“(1) the term appellate jurisdiction cases means any action, proceeding, or controversy under section 1253, 1254, 1257, 1258, 1259, or 1260;

“(2) the term original jurisdiction cases means any action, proceeding, or controversy under section 1251;

“(3) the term permanent vacancy means a vacancy in the office of justice of the Supreme Court of the United States due to death, resignation, retirement, or removal; and

“(4) the term temporary absence means an absence due to disability, recusal, or disqualification.”