HR 3544119th CongressIn Committee

Supreme Court Tenure Establishment and Retirement Modernization Act of 2025

Introduced: May 21, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill would fundamentally alter how Supreme Court justices are appointed and how long they serve. It creates fixed 18-year terms of active service for justices, with appointments limited to two windows during each presidential term (the first and third years after a presidential election). Justices would be appointed by the President with Senate approval, subject to specific timing rules and a limit that a person may serve only one 18-year term. Current justices would transition into this system as new justices are appointed. The bill also provides a temporary mechanism to fill vacancies if the court has fewer than the required number of non-retired justices: a retired justice who has left regular active service would be chosen by the Chief Justice through a transparent, random process to serve as an associate justice until the court again has the full number of active justices. Overall, the bill replaces lifetime tenure with a defined, cycle-based tenure and introduces procedural changes to nominations, confirmations, and temporary vacancies.

Key Points

1Regular appointment and 18-year active service terms
2- Justices would serve a single, fixed 18-year period of active service beginning on their swearing-in date.
3- After 18 years, a justice would be considered retired from regular active service.
4Appointment windows and process
5- The President must nominate one justice during the first and third years after a year with a presidential election, with Senate advice and consent.
6- The President may not appoint a justice outside this section’s framework.
7- Senate confirmation must occur within 90 days of nomination; if the nomination fails or is withdrawn, a new nomination must be made within 120 days and go through the same 90-day confirmation window.
8Transition for current justices
9- Justices appointed before enactment would retire from regular active service in the order of longest tenure as new justices are commissioned, effectively moving all current justices into the new 18-year framework over time.
10Temporary fill (senior/retired justices)
11- If the number of non-retired justices falls below the required level, a retired justice (who still retains the title) would be chosen by the Chief Justice via a publicly transparent and randomized process to serve as an associate justice temporarily until the court again has the specified number of active justices.
12Structural and clerical changes
13- The bill adds new sections (7 and 8) to chapter 1 of title 28 and makes a related amendment to section 294 to accommodate the new senior-justice provision.
14Short title
15- The act is titled the Supreme Court Tenure Establishment and Retirement Modernization Act of 2025.

Impact Areas

Primary group/area affected- The Supreme Court and the federal judiciary (current and future justices), along with the President and the Senate who nominate and confirm justices.Secondary group/area affected- Lawyers, litigants, and the public who rely on the Court’s decisions, as this changes how and when justices are appointed and potentially how the Court is perceived to operate.Additional impacts- Political dynamics around Court nominations: the fixed windows and term limits could alter incentives for presidents and Senate majorities.- Judicial independence and accountability considerations: moving away from lifetime tenure toward fixed terms could raise questions about judicial independence and the traditional concept of lifetime service.- Administrative and constitutional considerations: the practical implementation would involve significant changes to the sequence of appointments and retirements, and potential constitutional questions about altering Article III tenure for Supreme Court justices (and any associated challenges or litigation).

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