# What the Supreme Court Term Limits Bill Actually Does

This bill would fundamentally change how the Supreme Court operates by creating a system where the President appoints one new Justice every two years on a predictable schedule. Right now, Justices serve for life and are only replaced when they retire or die, which means appointments can happen randomly—sometimes there are years with no openings, and sometimes multiple vacancies occur close together. Under this bill, the President would nominate and the Senate would confirm one new Justice during the first and third years after every presidential election, creating a regular rhythm of appointments.

The bill also introduces an 18-year term limit for new Justices appointed after the law takes effect. After serving 18 years, a Justice would automatically transition to "senior" status, meaning they'd step back from regular duties but could still handle some judicial work if needed. Importantly, this rule wouldn't apply to any Justices already serving when the law passes—they could continue serving for life as they do now. The active panel of nine Justices hearing cases would always consist of the nine most recently appointed Justices, ensuring the Court reflects more recent presidential choices.

There's also a provision that would speed up the confirmation process: if the Senate doesn't vote on a Supreme Court nominee within 120 days, the nominee would automatically become a Justice without Senate approval. This removes the Senate's ability to indefinitely block a nomination through delay. Additionally, when a vacancy occurs between scheduled appointments, retired Justices would temporarily fill the seat until the next regular appointment happens.

The practical effect would be that Supreme Court appointments become more predictable and frequent, with the Court's composition changing more regularly rather than depending on when Justices happen to retire. Supporters argue this prevents any single president from having outsized influence through rare appointment opportunities, while critics worry it could reduce the Senate's power to scrutinize nominees.

Supreme Court Term Limits and Regular Appointments Act of 2021

Khanna, Ro

Supreme Court Term Limits and Regular Appointments Act of 2021 This bill establishes staggered, 18-year terms for Supreme Court Justices and limits the Senate's advice and consent authority in relation to the appointment of Justices. Specifically, the bill requires the President to appoint a Supreme Court Justice every two years. If the appointment of a Justice would result in more than nine Justices on the Court, then the nine most junior Justices shall make up the panel of Justices exercising judicial power in cases and controversies. Further, any Justice who has served a total of 18 years is deemed retired from regular service and may continue to serve as a Senior Justice. Senior Justices may continue to perform judicial duties assigned to them by the Chief Justice. However, no Justice appointed before the date of enactment shall be counted towards such panel, nor shall they be required to retire from regular active service. In the event of a vacancy on the Court, the Chief Justice must assign the Justice most recently designated as a Senior Justice to serve on the Court until the appointment of a new Justice. Additionally, the Senate's advice and consent authority is waived if the Senate does not act within 120 days of a Justice's nomination.