Supreme Court Term Limits and Regular Appointments Act of 2025
The Supreme Court Term Limits and Regular Appointments Act of 2025 proposes a fundamental redesign of how Supreme Court vacancies are filled and how justices serve. The bill would require two Supreme Court appointments to be made in each presidential cycle—specifically during the first and third years after a presidential election—through a process of nomination by the President and confirmation by the Senate. It also creates a new framework for “Senior Justices” and a rotating panel of the nine most junior justices who would handle the Court’s cases, with older justices serving in designated interim roles or as Senior Justices. A key feature is a retirement/rotation rule: after 18 years of service, a justice would be deemed retired from regular active service, and could be designated as a Senior Justice or be replaced via the normal appointment process. The bill also accelerates the Senate’s confirmation timeline by deeming a nominee seated if the Senate has not acted within 120 days. In short, the bill aims to institutionalize regular, congressionally overseen appointments, reallocate who sits on the Court’s active bench, and introduce a formal pathway for older justices to continue serving in a limited capacity while younger justices rotate into the primary decision-making panel.
Key Points
- 1Two regular Supreme Court appointments per presidential cycle: In the first and third years after a presidential election year, the President shall nominate, with Senate advice and consent, one Justice of the Supreme Court, creating a predictable cadence of vacancies and confirmations.
- 2Nine-member panel composed of the nine most junior justices: The panel of justices exercising judicial power in cases and controversies shall consist of the nine youngest sitting justices, with older justices serving in other capacities (Senior Justices) or designated roles.
- 318-year deemed retirement from regular active service: After a justice has served 18 years, that justice shall be deemed retired from regular active service, triggering potential transition to Senior Justice status or other designation under the act. Justices appointed before enactment are exempt from counting toward this panel and retirement rule.
- 4Waiver of Senate confirmation authority: If the Senate does not act on a nominee within 120 days of nomination, the Senate is deemed to have waived its advice and consent authority, and the nominee is seated as a Justice.
- 5Senior Justices: The act creates a formal Senior Justice framework. Retired Chief Justices or Associate Justices who have most recently become Senior Justices may be designated to serve as a Justice temporarily to fill vacancies, with rules determining which Senior Justice serves first if multiple vacancies exist. Once designated, a Senior Justice serves until an appointment is made under the new term-limit process.
- 6Temporary designation to fill vacancies after retirement: When there is a vacancy due to death, disability, or removal, the most recently designated Senior Justice shall serve as a temporary Justice until a new appointment is made under Section 7. If multiple vacancies exist, the Senior Justice who has served the least will be designated to fill the remaining vacancies.
- 7Exceptions and reorganization of traditional roles: The bill alters how vacancies are filled and redefines who is eligible to serve as a Senior Justice, including prohibiting those who retired under certain provisions from becoming Senior Justices. It also modifies related retirement and designation provisions to align with the new term-limit and rotation structure.