What This Bill Does
This bill creates faster rules for the Senate to consider and vote on Supreme Court nominations. It sets strict time limits for committee review and floor debate to speed up the confirmation process.
Who It Affects
The Senate and people nominated as Chief Justice or associate justice of the Supreme Court.
Key Provisions
• If the Senate Judiciary Committee (a group of senators who review nominations) does not report a Supreme Court nomination within 60 continuous days, any Senate member can file notice to force the nomination out of committee. After 20 calendar days, the committee can be discharged if 30 Senate members sign a written petition. (Sec. 2(a))
• Debate on a Supreme Court nomination is limited to a maximum of 30 hours total, divided equally between supporters and opponents. Senators cannot file motions to extend debate unless 30 Senate members sign a written request, which allows one additional 30-hour period. (Sec. 2(b)(1))
• After debate ends and one quorum call (a count to verify enough senators are present) if requested, the Senate must immediately vote on whether to confirm the nomination. (Sec. 2(b)(2))
• The Senate can change these rules anytime using its normal rulemaking process. (Sec. 2(c))
What Changes
The Senate's process for confirming Supreme Court nominees becomes faster. Nominations cannot stay in committee indefinitely, debate time becomes limited, and votes happen quickly after debate ends.
Important Definitions
None defined in the bill text.
II
118TH CONGRESS
1ST SESSION
S. 859
To provide for the expedited consideration of nominations for the Supreme
Court of the United States.
IN THE SENATE OF THE UNITED STATES
MARCH 16, 2023
Mr. MERKLEY introduced the following bill; which was read twice and referred
to the Committee on Rules and Administration
A BILL
To provide for the expedited consideration of nominations
for the Supreme Court of the United States.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Every Supreme Court
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Nominee Deserves Timely Consideration Act’’.
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SEC. 2. SUPREME COURT JUDICIAL REVIEW PROCEDURE.
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(a) DISCHARGE.—In the Senate, if the Committee on
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the Judiciary of the Senate has not reported a nomination
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for the Chief Justice of the United States or an associate
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justice of the Supreme Court of the United States at the
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•S 859 IS
end of 60 continuous days of session after the date on
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which the nomination is referred to such committee, any
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Member may submit to the Congressional Record a notice
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of intent to discharge the nomination. At the end of 20
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calendar days after the notice of intent to file such peti-
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tion, such committee may be discharged from further con-
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sideration of such nomination upon a petition supported
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in writing by 30 Members of the Senate, and such nomina-
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tion shall be placed on the calendar. Debate on the motion,
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and on all debatable motions and appeals in connection
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therewith, shall not be in order.
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(b) CONSIDERATION.—
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(1) DEBATE.—In the Senate, debate on the
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nomination, and on all debatable motions and ap-
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peals in connection therewith, shall be limited to not
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more than 30 hours, which shall be divided equally
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between those favoring and those opposing the nomi-
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nation. A motion further to limit debate is not in
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order and not debatable. A motion to postpone, a
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motion to proceed to the consideration of other busi-
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ness, or any amendment thereto, is not in order. A
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one-time nondebatable motion to extend the consid-
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eration of the nomination an additional 30 hours
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shall only be in order when supported in writing by
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30 Members of the Senate.
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•S 859 IS
(2) VOTE.—In the Senate, immediately fol-
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lowing the conclusion of the debate on a nomination
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described in subsection (b)(1), and a single quorum
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call at the conclusion of the debate if requested in
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accordance with the rules of the Senate, the vote on
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the confirmation of the nomination shall occur.
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(c) RULES OF THE SENATE.—This section is enacted
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by Congress—
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(1) as an exercise of the rulemaking power of
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the Senate, and as such it is deemed a part of the
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rules of the Senate, and it supersedes other rules
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only to the extent that it is inconsistent with such
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rules; and
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(2) with full recognition of the constitutional
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right of the Senate to change such rules (so far as
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relating to the procedure of the Senate) at any time,
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in the same manner, and to the same extent as in
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the case of any other rule of the Senate.
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Æ
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