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

II Calendar No. 582 116TH CONGRESS 2D SESSION S. 4805 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 OCTOBER 19, 2020 Mr. CRUZ (for himself, Mr. TILLIS, Ms. MCSALLY, Mr. WICKER, Mrs. LOEF- FLER, Mrs. HYDE-SMITH, Mr. PERDUE, Mr. DAINES, Ms. ERNST, Mr. COTTON, Mr. LEE, Mr. CASSIDY, Mr. CORNYN, and Mr. GRASSLEY) in- troduced the following bill; which was read the first time NOVEMBER 9, 2020 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 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 VerDate Sep 11 2014 01:12 Nov 11, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4805.PCS S4805 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4805 PCS (1) IN GENERAL.—In the Senate, it shall not be 1 in order to consider a provision in a bill, joint resolu- 2 tion, motion, amendment, amendment between the 3 Houses, or conference report amending section 1 of 4 title 28, United States Code, to modify, or that oth- 5 erwise modifies, the total number of Justices of the 6 Supreme Court of the United States. 7 (2) POINT OF ORDER SUSTAINED.—If a point 8 of order is made by a Senator against a provision 9 described in paragraph (1), and the point of order 10 is sustained by the Chair, that provision shall be 11 stricken from the measure and may not be offered 12 as an amendment from the floor. 13 (b) CONFERENCE REPORTS.—When the Senate is 14 considering a conference report on, or an amendment be- 15 tween the Houses in relation to, a bill or joint resolution, 16 upon a point of order being made by any Senator pursuant 17 to subsection (a)(1), and such point of order being sus- 18 tained, such material contained in such conference report 19 or House amendment shall be stricken, and the Senate 20 shall proceed to consider the question of whether the Sen- 21 ate shall recede from its amendment and concur with a 22 further amendment, or concur in the House amendment 23 with a further amendment, as the case may be, which fur- 24 ther amendment shall consist of only that portion of the 25 VerDate Sep 11 2014 01:12 Nov 11, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4805.PCS S4805 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4805 PCS conference report or House amendment, as the case may 1 be, not so stricken. Any such motion in the Senate shall 2 be debatable. In any case in which such point of order 3 is sustained against a conference report (or Senate amend- 4 ment derived from such conference report by operation of 5 this subsection), no further amendment shall be in order. 6 (c) SUPERMAJORITY WAIVER AND APPEAL.—In the 7 Senate, this section may be waived or suspended only by 8 an affirmative vote of two-thirds of the Members, duly 9 chose and sworn. An affirmative vote of two-thirds of 10 Members of the Senate, duly chosen and sworn shall be 11 required to sustain an appeal of the ruling of the Chair 12 on a point of order raised under this section. 13 VerDate Sep 11 2014 01:12 Nov 11, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4805.PCS S4805 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 582 116TH CONGRESS 2D SESSION S. 4805 A BILL To create a point of order against legislation modi- fying the number of Justices of the Supreme Court of the United States. NOVEMBER 9, 2020 Read the second time and placed on the calendar VerDate Sep 11 2014 01:12 Nov 11, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S4805.PCS S4805 kjohnson on DSK79L0C42PROD with BILLS