Legis Daily

Supreme Court Biennial Appointments and Term Limits Act of 2026

USA119th CongressS-5076| Senate 
| Updated: 7/22/2026
Sheldon Whitehouse

Sheldon Whitehouse

Democratic Senator

Rhode Island

Cosponsors (10)
Mazie K. Hirono (Democratic)Adam B. Schiff (Democratic)Kirsten E. Gillibrand (Democratic)Alex Padilla (Democratic)Patty Murray (Democratic)Brian Schatz (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill seeks to fundamentally alter the structure and appointment process of the Supreme Court by establishing a system of regularized appointments . It mandates that the President appoint one new justice within the first 120 days of the first and third years of each presidential term, effectively every two years. A key provision introduces a distinction in judicial duties: only the nine most recently appointed justices will preside over appellate jurisdiction cases. All other justices, including those who have served longer than the nine most recent, will continue to preside over original jurisdiction cases and exercise other official powers and duties. The legislation specifies that the Supreme Court shall consist of a Chief Justice and not fewer than eight associate justices, with six constituting a quorum. It also outlines procedures for filling a permanent vacancy in the office of Chief Justice, ensuring the next appointment under the new system would fill that role. The bill prevents the President from making appointments if the number of justices not hearing appellate cases reaches nine, implying a potential total of 18 justices. These new appointment rules become effective starting with the first full presidential term that commences after the bill's enactment. This framework aims to create a more predictable and depoliticized appointment process while ensuring a continuous rotation of justices actively hearing appellate cases.
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Timeline

Bill from Previous Congress

S 118-3096
Supreme Court Biennial Appointments and Term Limits Act of 2023
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-3096
    Supreme Court Biennial Appointments and Term Limits Act of 2023


  • July 22, 2026
    Introduced in Senate


  • July 22, 2026
    Read twice and referred to the Committee on the Judiciary.

Law

Supreme Court Biennial Appointments and Term Limits Act of 2026

USA119th CongressS-5076| Senate 
| Updated: 7/22/2026
This bill seeks to fundamentally alter the structure and appointment process of the Supreme Court by establishing a system of regularized appointments . It mandates that the President appoint one new justice within the first 120 days of the first and third years of each presidential term, effectively every two years. A key provision introduces a distinction in judicial duties: only the nine most recently appointed justices will preside over appellate jurisdiction cases. All other justices, including those who have served longer than the nine most recent, will continue to preside over original jurisdiction cases and exercise other official powers and duties. The legislation specifies that the Supreme Court shall consist of a Chief Justice and not fewer than eight associate justices, with six constituting a quorum. It also outlines procedures for filling a permanent vacancy in the office of Chief Justice, ensuring the next appointment under the new system would fill that role. The bill prevents the President from making appointments if the number of justices not hearing appellate cases reaches nine, implying a potential total of 18 justices. These new appointment rules become effective starting with the first full presidential term that commences after the bill's enactment. This framework aims to create a more predictable and depoliticized appointment process while ensuring a continuous rotation of justices actively hearing appellate cases.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-3096
Supreme Court Biennial Appointments and Term Limits Act of 2023
Jul 22, 2026
Introduced in Senate
Jul 22, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-3096
    Supreme Court Biennial Appointments and Term Limits Act of 2023


  • July 22, 2026
    Introduced in Senate


  • July 22, 2026
    Read twice and referred to the Committee on the Judiciary.
Sheldon Whitehouse

Sheldon Whitehouse

Democratic Senator

Rhode Island

Cosponsors (10)
Mazie K. Hirono (Democratic)Adam B. Schiff (Democratic)Kirsten E. Gillibrand (Democratic)Alex Padilla (Democratic)Patty Murray (Democratic)Brian Schatz (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

Law

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted