This bill creates a point of order against considering legislation in the Senate that modifies the total number of Justices of the U.S. Supreme Court. The bill allows the point of order to be waived by a vote of two-thirds of the Senate.
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. POINT OF ORDER AGAINST LEGISLATION MODIFYING THE NUMBER OF 
              JUSTICES OF THE SUPREME COURT OF THE UNITED STATES.

    (a) Point of Order.--
            (1) In general.--In the Senate, it shall not be in order to 
        consider a provision in a bill, joint resolution, motion, 
        amendment, amendment between the Houses, or conference report 
        amending section 1 of title 28, United States Code, to modify, 
        or that otherwise modifies, the total number of Justices of the 
        Supreme Court of the United States.
            (2) Point of order sustained.--If a point of order is made 
        by a Senator against a provision described in paragraph (1), 
        and the point of order is sustained by the Chair, that 
        provision shall be stricken from the measure and may not be 
        offered as an amendment from the floor.
    (b) Conference Reports.--When the Senate is considering a 
conference report on, or an amendment between the Houses in relation 
to, a bill or joint resolution, upon a point of order being made by any 
Senator pursuant to subsection (a)(1), and such point of order being 
sustained, such material contained in such conference report or House 
amendment shall be stricken, and the Senate shall proceed to consider 
the question of whether the Senate shall recede from its amendment and 
concur with a further amendment, or concur in the House amendment with 
a further amendment, as the case may be, which further amendment shall 
consist of only that portion of the conference report or House 
amendment, as the case may be, not so stricken. Any such motion in the 
Senate shall be debatable. In any case in which such point of order is 
sustained against a conference report (or Senate amendment derived from 
such conference report by operation of this subsection), no further 
amendment shall be in order.
    (c) Supermajority Waiver and Appeal.--In the Senate, this section 
may be waived or suspended only by an affirmative vote of two-thirds of 
the Members, duly chose and sworn. An affirmative vote of two-thirds of 
Members of the Senate, duly chosen and sworn shall be required to 
sustain an appeal of the ruling of the Chair on a point of order raised 
under this section.
                                                         Calendar No. 7

117th CONGRESS

  1st Session

                                 S. 461

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A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.
A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.
Official Titles - Senate
Official Title as Introduced
A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.
Sen. Cruz, Ted