A bill to amend title 28, United States Code, to provide for the regularized appointment of justices of the Supreme Court of the United States, and for other purposes.

119th Congress Introduced by Richard Blumenthal and 10 co-sponsors

The bill would create a regularized, defined process for selecting and confirming Supreme Court justices rather than relying on irregular, vacancy-based appointments.

Introduced in Senate

Summary of Bill: S.5076 (119th Congress)

Purpose and intent

S.5076 proposes to amend title 28 of the United States Code to establish a process for the regularized appointment of justices to the Supreme Court of the United States. The bill aims to create a structured, ongoing mechanism for selecting and confirming Supreme Court justices, rather than relying on irregular vacancy-based appointments.

Key provisions and changes

Regularized appointment process: The bill would set forth a defined procedure for the selection and appointment of Supreme Court justices, moving toward a predictable, periodic framework instead of ad hoc appointments when vacancies arise.

Scope of appointment: The provisions would address eligibility, nomination procedures, and confirmation timelines applicable to Supreme Court justices.

Administrative alignment: Revisions to the relevant portions of title 28 would align appointment practices with the proposed regularized schedule, potentially influencing how vacancies are anticipated and filled.

Potential sequencing and tenure considerations: The bill may include rules related to term length, reappointment or renewal processes, and sequencing of appointments across different presidential terms or congressional sessions.

Who would be affected

Supreme Court nominees and nominees’ offices: Individuals eligible for nomination and their confirming bodies would operate within the new regularized framework.

The Executive and Legislative branches: The President’s nomination power and the Senate’s advice-and-consent role would be governed by the standardized procedures outlined in the bill.

Judicial administration: The judicial system and court administration would adapt to the regularized appointment schedule, influencing vacancy planning, staffing, and court governance.

Procedural and timeline aspects

Introduction and referral: The bill was introduced in the Senate and referred to the Committee on the Judiciary for consideration.

Action history as of currently available text:

Introduced in Senate and read twice.
Referred to the Committee on the Judiciary (July 22, 2026).

Sponsor and co-sponsors: The bill has a broad group of Senate co-sponsors, including Cory Booker, Richard Blumenthal, Alex Padilla, Mazie Hirono, Jeff Merkley, Peter Welch, Brian Schatz, Kirsten Gillibrand, Patty Murray, Adam Schiff, and Sheldon Whitehouse, signaling strong support within the sponsor coalition.

Potential impact and considerations

Judicial independence and stability: By establishing a regularized process, the bill could reduce the political sensitivity around each vacancy, potentially affecting perceptions of judicial independence and the pace of appointments.

Timing and political dynamics: A fixed appointment schedule might constrain or reframe presidential and Senate strategies around Supreme Court vacancies and confirmations.

Constitutional considerations: As with any change to the appointment process for the Supreme Court, the bill would need to be examined for constitutional compatibility, including separation-of-powers implications and any required constitutional amendments or statutory adaptations.

Notes

The bill is at an early stage of consideration (read twice and referred to the Judiciary Committee). Its provisions, specifics (e.g., exact term lengths, nomination windows, or confirmation timelines), and operative mechanisms may be refined during committee deliberations.