,,ii #aahth ,,congress #ast ,session ,s4 #cjif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ai1 #bjbc,mr4 ,whitehouse 7for himself1 ,mr4 ,booker1 ,mr4 ,blumenthal1 ,mr4 ,padilla1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,welch1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to provide for the regularized appointment of justices of the ,supreme ,court of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supreme ,court ,biennial ,appointments and ,term ,limits ,act of #bjbc4 #b4 ,supreme court terms of office 7a7 ,in general ,chapter #a of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking by section #a and inserting the following3 #a4 ,number of justices2 quorum 7a7 ,in general ,the ,supreme ,court of the ,united ,states shall consist of a ,chief ,justice of the ,united ,states and not fewer than #h associate justices1 any #f of whom shall constitute a quorum4 7b7 ,appellate jurisdiction cases ,only the #i 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 cases4 7c7 ,original jurisdiction cases and other powers ,all justices of the ,supreme ,court of the ,united ,states shall preside over original jurisdiction cases1 and may1 subject to any procedures established by the ,supreme ,court1 continue to exercise all other official powers1 duties1 or responsibilities of a justice of the ,supreme ,court required by law4 2 7#b7 by striking section #c and inserting the following3 #c4 ,vacancy in office of ,chief ,justice2 disability 7a7 ,powers and duties of chief justice ,whenever the ,chief ,justice is unable to perform the duties of the office or the office is vacant1 the powers and duties of ,chief ,justice shall devolve upon the associate justice next in precedence who is able to act1 until such disability is removed or another ,chief ,justice is appointed and duly qualified4 7b7 ,permanent vacancy in office of ,chief ,justice ,in the event of a permanent vacancy in the office of ,chief ,justice of the ,united ,states1 the first appointment of a justice under this chapter following such vacancy shall be to the office of ,chief ,justice of the ,united ,states4 2 and 7#c7 by adding at the end the following3 #g4 ,appointment 7a7 ,appointments 7#a7 ,in general ,the ,president shall appoint1 by and with the advice and consent of the ,senate1 #a individual to be a justice of the ,supreme ,court of the ,united ,states within the first #abj days of the first and third years of a ,presidential term4 7#b7 ,withdrawal or disapproval ,if the nomination of an individual under this section is withdrawn or disapproved by the ,senate1 the ,president shall appoint1 by and with the advice and consent of the ,senate1 #a individual to be a justice of the ,supreme ,court of the ,united ,states not later than #abj after the date of such withdrawal or disapproval4 7#c7 ,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 #i4 7b7 ,exclusive manner of appointment ,except as provided under subsection 7c71 the ,president shall not appoint an individual to be a justice of the ,supreme ,court of the ,united ,states except as provided under this section4 7c7 ,fewer than #i justices ,if due to a permanent vacancy the total number of justices of the ,supreme ,court of the ,united ,states is fewer than #i1 the ,president shall appoint1 by and with the advice and consent of the ,senate1 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 #i4 7d7 ,effective date of appointment 7#a7 ,in general ,except as provided in paragraph 7#b71 the term for justices appointed under this section shall begin on ,july #a4 7#b7 ,fewer than #i justices ,the term of an appointment under subsection 7c7 shall begin on the date on which the appointment is made4 #h4 ,definitions ,in this chapter-- 7#a7 the term appellate jurisdiction cases means any action1 proceeding1 or controversy under section #abec1 #abed1 #abeg1 #abeh1 #abei1 or #abfj2 7#b7 the term original jurisdiction cases means any action1 proceeding1 or controversy under section #abea2 7#c7 the term permanent vacancy means a vacancy in the office of justice of the ,supreme ,court of the ,united ,states due to death1 resignation1 retirement1 or removal2 and 7#d7 the term temporary absence means an absence due to disability1 recusal1 or disqualification4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #a of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #g4 ,appointment4 #h4 ,definitions4 4 7c7 ,rules of the ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate1 and as such it is deemed a part of the rules of the ,senate1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of the ,senate to change such rules 7so far as relating to the procedure of the ,senate7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of the ,senate4 #c4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall apply beginning on the date on which the first full term of a ,president commences pursuant to section #aja of title #c1 ,united ,states ,code1 after the date of enactment of this ,act4 #d4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4