II Calendar No. 7 117TH CONGRESS 1ST SESSION S. 461 To create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2021 Mr. CRUZ (for himself, Mr. WICKER, Mrs. HYDE-SMITH, Mr. MARSHALL, Mr. BOOZMAN, Mr. HAGERTY, Mr. CASSIDY, Mr. LEE, Mr. SCOTT of Florida, Mr. COTTON, Mr. DAINES, Ms. ERNST, Mr. KENNEDY, Mr. BARRASSO, and Mr. INHOFE) introduced the following bill; which was read the first time MARCH 1, 2021 Read the second time and placed on the calendar A BILL To create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:27 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S461.PCS S461 kjohnson on DSK79L0C42PROD with BILLS 2 •S 461 PCS SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODI- 1 FYING THE NUMBER OF JUSTICES OF THE 2 SUPREME COURT OF THE UNITED STATES. 3 (a) POINT OF ORDER.— 4 (1) IN GENERAL.—In the Senate, it shall not be 5 in order to consider a provision in a bill, joint resolu- 6 tion, motion, amendment, amendment between the 7 Houses, or conference report amending section 1 of 8 title 28, United States Code, to modify, or that oth- 9 erwise modifies, the total number of Justices of the 10 Supreme Court of the United States. 11 (2) POINT OF ORDER SUSTAINED.—If a point 12 of order is made by a Senator against a provision 13 described in paragraph (1), and the point of order 14 is sustained by the Chair, that provision shall be 15 stricken from the measure and may not be offered 16 as an amendment from the floor. 17 (b) CONFERENCE REPORTS.—When the Senate is 18 considering a conference report on, or an amendment be- 19 tween the Houses in relation to, a bill or joint resolution, 20 upon a point of order being made by any Senator pursuant 21 to subsection (a)(1), and such point of order being sus- 22 tained, such material contained in such conference report 23 or House amendment shall be stricken, and the Senate 24 shall proceed to consider the question of whether the Sen- 25 ate shall recede from its amendment and concur with a 26 VerDate Sep 11 2014 04:27 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S461.PCS S461 kjohnson on DSK79L0C42PROD with BILLS 3 •S 461 PCS further amendment, or concur in the House amendment 1 with a further amendment, as the case may be, which fur- 2 ther amendment shall consist of only that portion of the 3 conference report or House amendment, as the case may 4 be, not so stricken. Any such motion in the Senate shall 5 be debatable. In any case in which such point of order 6 is sustained against a conference report (or Senate amend- 7 ment derived from such conference report by operation of 8 this subsection), no further amendment shall be in order. 9 (c) SUPERMAJORITY WAIVER AND APPEAL.—In the 10 Senate, this section may be waived or suspended only by 11 an affirmative vote of two-thirds of the Members, duly 12 chose and sworn. An affirmative vote of two-thirds of 13 Members of the Senate, duly chosen and sworn shall be 14 required to sustain an appeal of the ruling of the Chair 15 on a point of order raised under this section. 16 VerDate Sep 11 2014 04:27 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S461.PCS S461 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 7 117TH CONGRESS 1ST SESSION S. 461 A BILL To create a point of order against legislation modi- fying the number of Justices of the Supreme Court of the United States. MARCH 1, 2021 Read the second time and placed on the calendar VerDate Sep 11 2014 04:27 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S461.PCS S461 kjohnson on DSK79L0C42PROD with BILLS