A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.

II 118TH CONGRESS 1ST SESSION S. 942 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 MARCH 22, 2023 Mr. CRUZ (for himself, Mr. MARSHALL, Mr. HAGERTY, Mr. GRASSLEY, Mr. LEE, Mr. BROWN, Mr. YOUNG, and Mr. SCHMITT) introduced the fol- lowing bill; which was read twice and referred to the Committee on Rules and Administration 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 SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODI- 3 FYING THE NUMBER OF JUSTICES OF THE 4 SUPREME COURT OF THE UNITED STATES. 5 (a) POINT OF ORDER.— 6 (1) IN GENERAL.—In the Senate, it shall not be 7 in order to consider a provision in a bill, joint resolu- 8 tion, motion, amendment, amendment between the 9 VerDate Sep 11 2014 04:59 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S942.IS S942 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 942 IS Houses, or conference report amending section 1 of 1 title 28, United States Code, to modify, or that oth- 2 erwise modifies, the total number of Justices of the 3 Supreme Court of the United States. 4 (2) POINT OF ORDER SUSTAINED.—If a point 5 of order is made by a Senator against a provision 6 described in paragraph (1), and the point of order 7 is sustained by the Chair, that provision shall be 8 stricken from the measure and may not be offered 9 as an amendment from the floor. 10 (b) CONFERENCE REPORTS.—When the Senate is 11 considering a conference report on, or an amendment be- 12 tween the Houses in relation to, a bill or joint resolution, 13 upon a point of order being made by any Senator pursuant 14 to subsection (a)(1), and such point of order being sus- 15 tained, such material contained in such conference report 16 or House amendment shall be stricken, and the Senate 17 shall proceed to consider the question of whether the Sen- 18 ate shall recede from its amendment and concur with a 19 further amendment, or concur in the House amendment 20 with a further amendment, as the case may be, which fur- 21 ther amendment shall consist of only that portion of the 22 conference report or House amendment, as the case may 23 be, not so stricken. Any such motion in the Senate shall 24 be debatable. In any case in which such point of order 25 VerDate Sep 11 2014 04:59 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S942.IS S942 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 942 IS is sustained against a conference report (or Senate amend- 1 ment derived from such conference report by operation of 2 this subsection), no further amendment shall be in order. 3 (c) SUPERMAJORITY WAIVER AND APPEAL.—In the 4 Senate, this section may be waived or suspended only by 5 an affirmative vote of two-thirds of the Members, duly 6 chosen and sworn. An affirmative vote of two-thirds of 7 Members of the Senate, duly chosen and sworn shall be 8 required to sustain an appeal of the ruling of the Chair 9 on a point of order raised under this section. 10 Æ VerDate Sep 11 2014 04:59 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S942.IS S942 pbinns on DSKJLVW7X2PROD with $$_JOB