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FEDERAL JUDICIAL BALANCE AND ACCOUNTABILITY ACT

A Bill to Modernize the Federal Judiciary, Establish Population-Based Judicial Circuits, Align Supreme Court Composition with Circuit Organization, and Ensure Balanced Representation

Revision 2.3

SECTION 1: SHORT TITLE

This Act may be cited as the "Federal Judicial Balance and Accountability Act."

SECTION 2: FINDINGS AND PURPOSES

(a) Findings

Congress finds that:

  1. Article III of the Constitution vests judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish";

  2. The Constitution provides that judges "shall hold their Offices during good Behaviour" and receive compensation that "shall not be diminished during their Continuance in Office";

  3. Congress has constitutional authority under Article III and the Necessary and Proper Clause to organize and structure the federal judiciary to ensure efficient administration of justice;

  4. The current federal circuit system reflects historical boundaries rather than population distribution, creating unequal representation and workload disparities;

  5. The Supreme Court has maintained nine justices since 1869, despite the creation of additional federal circuits and dramatic population growth;

  6. The constitutional tradition of Supreme Court justices serving as circuit justices creates a direct representational relationship between regional circuits and the Supreme Court, with optimal judicial administration achieved when each regional circuit is served by one Supreme Court justice;

  7. Regular and predictable judicial appointments promote constitutional balance and reduce partisan manipulation of the appointment process;

  8. Clear definition of judicial duties and responsibilities promotes effective court administration and public confidence in the judiciary;

  9. The Senate's "Advice and Consent" power is most effectively exercised when nominees possess robust and transparent records of legal reasoning available for public evaluation, and when the Senate selects from among multiple qualified candidates rather than rendering a binary judgment on a single nominee;

  10. The current system creates arbitrary advantages for presidents based on actuarial chance rather than constitutional design;

  11. The position of Chief Justice should be shared among justices as a capstone to distinguished service rather than concentrating administrative power in a single individual for decades;

  12. A structured career path for Supreme Court justices -- progressing from Associate Justice to Co-Chief Justice to Senior Justice -- provides clarity, dignity, and predictability while preserving life tenure under Article III;

  13. Public confidence in the federal judiciary requires transparent and enforceable standards of ethical conduct applicable to all federal judges, including Justices of the Supreme Court;

  14. Epistemic diversity -- incorporating the perspectives of career judges, legal scholars, experienced legislators, executive branch legal officers, and practitioners -- strengthens the Court's capacity to interpret law within a complex democratic society;

  15. A slate-based nomination process in which the President presents multiple qualified candidates and the Senate selects from among them transforms the confirmation process from an adversarial gatekeeping function into a collaborative selection function, reducing partisan obstruction incentives while preserving both presidential nomination authority and Senate advice and consent;

  16. Scored voting methods that permit senators to express degrees of support across multiple nominees produce outcomes more reflective of collective Senate judgment than binary confirmation votes on individual nominees.

(b) Purposes

The purposes of this Act are to:

  1. Establish population-based federal judicial circuits to ensure equal representation;

  2. Align Supreme Court composition with regional circuit organization to restore constitutional balance between Court size and judicial administration;

  3. Create predictable and fair judicial appointment processes;

  4. Define the duties and responsibilities of federal judicial offices;

  5. Establish transparency and documentation requirements that ensure nominees possess evaluable records of legal reasoning;

  6. Enhance transparency in the judicial appointment process;

  7. Ensure optimal utilization of judicial experience and expertise;

  8. Restore constitutional balance among the branches of government;

  9. Diffuse the concentration of power in the Chief Justice position through shared leadership among Co-Chief Justices;

  10. Establish a dignified three-phase career structure for Supreme Court justices that removes the nation's constitutional future from dependence on individual justices' health and longevity;

  11. Establish binding ethical standards and accountability mechanisms for the Supreme Court that preserve judicial independence while ensuring that no Justice is above the rule of law;

  12. Replace the binary single-nominee confirmation model with a slate-based selection process that structurally incentivizes cooperation between the President and the Senate while preventing partisan obstruction of judicial appointments.

SECTION 3: DEFINITIONS

In this Act:

  1. "Associate Justice" means a justice of the Supreme Court serving in the first ten years of active service, performing the regular duties of hearing and deciding cases before the Court;

  2. "Co-Chief Justice" means a justice of the Supreme Court serving in their eleventh or twelfth year of active service;

2A. "Ceremonial Chief Justice" means the Co-Chief Justice designated by the President under Section 204(b) to exercise the ceremonial functions of the Chief Justice;

  1. "Senior Justice" means a justice of the Supreme Court who has completed twelve years of active service and transitioned to senior status, retaining full Article III protections and life tenure while serving in a reduced-duty capacity;

  2. "Active service" means service as an Associate Justice or Co-Chief Justice, comprising the first twelve years of a justice's tenure on the Supreme Court;

  3. "Federal judge" means any judge appointed under Article III of the Constitution;

  4. "Population-based circuit" means a judicial circuit organized primarily according to population distribution rather than state boundaries;

  5. "Regional circuit" means one of the fifteen numbered judicial circuits serving approximately equal populations across the United States;

  6. "Ethics Review Panel" means the body of five Senior Justices established under Section 503 to adjudicate ethics complaints against Justices serving in active service;

  7. "Judicial Inspector General" means the independent officer established under Section 504 to receive complaints and conduct investigations into alleged ethical violations;

  8. "Bridge Panel" means retired Chief Judges of United States Courts of Appeals who serve on the Ethics Review Panel or the en banc appellate body under Section 507 when insufficient Senior Justices are available, as provided in Section 508;

  9. "Qualifying documentation" means works of substantial legal analysis that satisfy the requirements of Section 302;

  10. "Substantial legal analysis" means written work demonstrating sustained engagement with legal questions through reasoned argument, interpretation of legal authorities, and application of legal principles to factual circumstances;

  11. "Vacancy coverage roster" means the list of Senior Justices eligible for temporary active-service rotation assignments to fill vacant seats under Section 205;

  12. "Vacancy coverage rotation" means the system of random lottery assignments, conducted per October Term, through which Senior Justices provide active-service coverage for a vacant seat, as administered by the Administrative Office under Section 205;

  13. "Legacy Associate Justice" means an Associate Justice serving on the effective date of this Act who has not elected entry into the career structure under Section 403(d);

  14. "Nomination slate" means the group of nominees submitted by the President to the Senate for selection to fill one or more available justice positions under Section 202;

  15. "Bloc STAR voting" means the scored voting method established under Section 202(b) in which each senator assigns a score to each nominee, aggregate scores are tabulated, and the highest-scoring nominees are selected subject to automatic runoff procedures;

  16. "Carryover nominee" means a nominee who appeared on a prior nomination slate within five years of the original submission date and who is included on a subsequent slate at presidential discretion under Section 202(f).

TITLE I: FEDERAL CIRCUIT REORGANIZATION

Section 101. Establishment of Population-Based Judicial Circuits

(a) Circuit Structure

The United States shall be divided into fifteen judicial circuits for the administration of federal justice, organized as follows:

  1. Fifteen Regional Circuits numbered First through Fifteenth, each serving approximately equal populations as determined by the most recent decennial census;

  2. District of Columbia Circuit retaining specialized jurisdiction over federal regulatory, administrative, and governmental matters;

  3. Federal Circuit retaining specialized jurisdiction over patents, international trade, federal employment, and appeals from specialized federal courts.

(b) Population-Based Boundaries

The Administrative Office of the United States Courts shall, within 180 days of enactment:

  1. Divide the national population (excluding territories) into fifteen approximately equal segments;

  2. Assign each segment to a numbered circuit, prioritizing geographic contiguity where feasible;

  3. Assign federal judicial districts to circuits, prioritizing the assignment of all districts within a State to the same circuit; provided that where population equity within the tolerance band established in this section cannot otherwise be achieved, districts within the same State may be assigned to different circuits. For purposes of this paragraph, "federal judicial districts" means the judicial districts established under 28 U.S.C. Sections 81-131 and the District of Columbia. No subdivision of a federal judicial district shall be authorized under this section;

  4. File proposed boundaries with Congress for review.

(c) Compliance Assessment and Boundary Adjustment

(1) Assessment Schedule. The Administrative Office of the United States Courts shall conduct a population compliance assessment of all regional circuits at two intervals:

(A) Within one year following each decennial census, using decennial census data (authoritative assessment);

(B) At the approximate midpoint between decennial censuses, using the most recent American Community Survey 5-year estimates published by the Census Bureau (interim assessment).

(2) Compliance Measurement. For each assessment, the Administrative Office shall determine the number of regional circuits whose population falls outside the tolerance band established in this section -- that is, more than ten percent above or below the average regional circuit population as calculated from the applicable population data.

(3) Tiered Response. The Administrative Office shall take the following action based on the number of regional circuits falling outside the tolerance band:

(A) Zero or one circuits outside the tolerance band: No action required;

(B) Two circuits outside the tolerance band: The Administrative Office shall prepare contingency boundary proposals for consideration upon the next assessment;

(C) Three or more circuits outside the tolerance band: The Administrative Office shall initiate boundary adjustment proceedings under paragraph (4), targeting restoration to no more than two circuits outside the tolerance band.

(4) Boundary Adjustment Proceedings. When mandatory rebalancing is triggered under paragraph (3)(C), the Administrative Office shall propose revised boundaries within 180 days, applying the principles of subsection (b). Proposed boundaries shall be filed with Congress for review consistent with the process established for initial boundary-drawing under subsection (b)(4).

(d) Circuit Count Adjustment

(1) Principle. The number of regional circuits established under this section is derived from the application of the organizing principles of subsection (b) to current population distribution. The number is not permanently fixed; it follows from principled application to demographic reality.

(2) Trigger. When the Administrative Office determines, in the course of a compliance assessment under subsection (c), that boundary adjustments alone cannot restore compliance to no more than two circuits outside the tolerance band, the Administrative Office shall report to Congress:

(A) The finding that boundary adjustment is insufficient to restore compliance;

(B) An analysis of the minimum number of additional circuits required to restore compliance consistent with the principles of subsection (b);

(C) Proposed boundaries for the expanded circuit system.

(3) Congressional Authorization Required. The creation of additional circuits and corresponding adjustment to Supreme Court composition under Title II shall require an act of Congress. Nothing in this subsection authorizes the Administrative Office or the Judicial Conference to create new circuits without congressional authorization.

(e) Population Data Standards

(1) "Decennial census" as used in this section refers to the population count conducted pursuant to Article I, Section 2 of the Constitution and 13 U.S.C. Section 141.

(2) "American Community Survey 5-year estimates" as used in this section refers to the population estimates published by the Census Bureau pursuant to 13 U.S.C. Section 182, aggregated over five consecutive years.

(3) Population figures for purposes of this section shall include all persons residing within the geographic boundaries of the regional circuits, consistent with the methodology used for apportionment of Representatives under 2 U.S.C. Section 2a.

Section 102. Circuit Court Organization

(a) Minimum Judge Requirements

Each regional circuit court of appeals shall have not fewer than six active judges.

(b) District Court Assignment

All existing district courts shall be assigned to the regional circuit to which the corresponding federal judicial district is assigned under Section 101(b).

TITLE II: SUPREME COURT COMPOSITION AND STRUCTURE

Section 201. Supreme Court Composition

(a) Number of Justices

The Supreme Court of the United States shall consist of fifteen justice positions. Each justice position progresses through a three-phase career structure: Associate Justice (years 1-10), Co-Chief Justice (years 11-12), and Senior Justice (year 13+). At steady state, the Court consists of Associate Justices and Co-Chief Justices totaling fifteen active justices.

(b) Alignment with Circuits

The Supreme Court composition reflects:

  1. Fifteen regional judicial circuits, each corresponding to one justice position;

  2. Restoration of the constitutional relationship between circuit organization and Supreme Court size, whereby each regional circuit is served by one circuit justice;

  3. The Ceremonial Chief Justice, in addition to their assigned regional circuit, provides circuit justice coverage for the District of Columbia Circuit and the Federal Circuit.

(c) Phased Expansion Schedule

The Court shall expand gradually according to the following timeline:

  1. Initial Expansion (Years 1-6): One additional justice appointed in each odd-numbered year until all fifteen justice positions are filled;

  2. Regular Replacement (Year 13+): Beginning twelve years after the first appointment under this Act, one justice completes active service and transitions to Senior Justice each odd-numbered year;

  3. Steady State: Once fully implemented, each presidential term includes five appointment opportunities as provided in Section 202(d).

Section 202. Appointment Process

(a) Slate Nomination

  1. The President shall, for each biennial appointment cycle, submit to the Senate a nomination slate consisting of multiple nominees for available justice positions;

  2. The nomination slate shall contain no fewer than two (2) nominees per available position and no more than the product of the number of available positions multiplied by 2.5, rounded up to the nearest whole number under standard rounding rules;

  3. The nomination slate shall be submitted to the Senate no later than ninety (90) days before the commencement of the October Term in the year the position or positions become available;

  4. Each nominee on the slate shall satisfy the documentation requirements of Title III;

  5. Nothing in this section shall be construed to limit the President's authority under Article II to include any person of the President's choosing on a nomination slate.

(b) Senate Selection by Bloc STAR Voting

  1. The Senate shall select justices from the nomination slate using the following scored voting procedure:

  2. (A) Each senator shall assign to each nominee on the slate a score of 0, 1, 2, 3, 4, or 5, where 0 indicates no support and 5 indicates the strongest support;

  3. (B) Each senator's scores for all nominees on the slate shall be recorded and published as part of the public record;

  4. (C) Scores shall be summed across all voting senators to produce an aggregate score for each nominee;

  5. (D) The nominees with the highest aggregate scores equal to the number of available positions shall be provisionally selected;

  6. (E) If any provisionally selected nominee's aggregate score does not exceed the aggregate score of any non-selected nominee by a margin established under rules adopted by the Senate, an automatic runoff shall be conducted between the tied or near-tied nominees using the same scoring procedure;

  7. (F) The nominees receiving the highest aggregate scores following any necessary runoff shall be confirmed to fill the available positions;

  8. A nominee confirmed under this subsection shall be deemed to have received the advice and consent of the Senate for purposes of Article II of the Constitution;

  9. No separate floor vote on individual nominees shall be required when selection is made through the procedure established in this subsection.

(c) Slate Rejection

  1. In lieu of conducting the Bloc STAR voting procedure under subsection (b), the Senate may reject a nomination slate in its entirety;

  2. The threshold and procedures for entire-slate rejection shall be determined by the Senate under its constitutional authority to determine the rules of its proceedings;

  3. If the Senate rejects a nomination slate, the President shall submit a new nomination slate within thirty (30) days;

  4. No nominee who appeared on a rejected slate shall be eligible for inclusion on the immediately subsequent slate. Such nominees may appear on later slates subject to the provisions of this section and Section 202(f).

(d) Appointment Equalization

  1. When the Appointment Schedule produces three consecutive odd-numbered years in which three positions each become available, one position from the first such year shall be filled by the President serving in the fourth year of the preceding presidential term;

  2. A justice appointed under paragraph (1) shall commence active service in accordance with Section 206, upon the vacancy of the position to which they were appointed;

  3. Beginning in Year 21 of the Appointment Schedule, each four-year presidential term includes five appointment opportunities.

(e) Schedule Publication

The Administrative Office of the United States Courts shall maintain and publish an Appointment Schedule for each justice position consistent with this section. The Schedule shall identify each position's appointment cycle and shall be updated to reflect any changes resulting from legacy seat synchronization under Section 403.

(f) Carryover Nominees

  1. A nominee who appeared on a prior nomination slate but was not selected may be included on a subsequent nomination slate at the President's discretion, subject to the following conditions:

  2. (A) No more than five (5) years shall have elapsed since the date of the nominee's original submission of documentation under Title III;

  3. (B) The nominee shall submit an updated professional biography reflecting any changes in employment, judicial service, or other professional activities since the prior nomination;

  4. (C) The nominee may submit an optional supplemental statement of no more than five hundred (500) words addressing developments in the nominee's legal thinking or professional experience since the prior nomination;

  5. (D) The nominee's original documentation under Section 302, judicial philosophy statement under Section 303, and attestation under Section 304 shall remain valid and need not be resubmitted;

  6. The Senate Judiciary Committee shall conduct an abbreviated hearing of no more than one half-day for each carryover nominee, focused on developments since the nominee's prior appearance;

  7. Carryover eligibility is measured from the date of original submission of documentation to the Senate, regardless of how many subsequent slates the nominee has appeared on;

  8. A nominee whose carryover eligibility has expired must complete the full documentation and hearing process under Title III to appear on any subsequent slate.

(g) Senate Consideration Timeline

The Senate shall act on a nomination slate -- either by conducting the Bloc STAR voting procedure under subsection (b) or by rejecting the slate under subsection (c) -- within one hundred twenty (120) days of receiving the slate.

(h) Predictable Appointment Schedule

Beginning twelve years after the first appointment under Section 201(c):

  1. One justice position becomes available each odd-numbered year;

  2. The most senior justice appointed under this Act's expansion schedule transitions to Senior Justice;

  3. Each four-year presidential term includes five appointment opportunities as equalized under subsection (d).

Section 203. Three-Phase Justice Career Structure

(a) Associate Justice (Years 1-10)

Upon appointment and confirmation to the Supreme Court, a justice serves as Associate Justice for ten years, during which they:

  1. Hear and decide cases before the Supreme Court;

  2. Participate fully in oral arguments, conferences, and deliberations;

  3. Author opinions assigned by the Co-Chief Justices or senior Associate Justice in the majority;

  4. Serve as circuit justice for an assigned regional circuit.

(b) Co-Chief Justice (Years 11-12)

Upon commencing their eleventh year of active service, a justice becomes a Co-Chief Justice and serves in that capacity until transitioning to Senior Justice upon completion of their twelfth year. Co-Chief Justices:

  1. Share responsibility for presiding over Court sessions and conferences, assigning opinions, and administering the federal judiciary, pursuant to rules established by the Judicial Conference of the United States;

  2. Exercise no greater voting power than Associate Justices;

  3. If designated as Ceremonial Chief Justice under Section 204(b), exercise the ceremonial functions specified therein.

(c) Senior Justice (Year 13+)

Upon completing twelve years of active service, a justice transitions to Senior Justice, where they:

  1. Retain full Article III status and constitutional protections;

  2. Continue to receive full judicial salary and benefits;

  3. Maintain life tenure during "good behavior";

  4. May hear and decide cases as assigned by the Co-Chief Justices;

  5. May sit by designation on federal courts of appeals;

  6. May serve on judicial panels, commissions, and committees;

  7. May decline discretionary assignments under subsections (4), (5), and (6) without forfeiting judicial status or compensation;

  8. May be called upon to serve on the Ethics Review Panel established under Title V;

  9. Shall be eligible for vacancy coverage rotation as provided in Section 205, subject to the health and incapacity provisions therein.

(d) Voluntary Early Transition

Any Associate Justice may elect to transition directly to Senior Justice before completing ten years of active service, forgoing service as Co-Chief Justice. A voluntary early transition creates a vacancy in the justice's seat, which shall be addressed pursuant to Section 205.

Section 204. Co-Chief Justice Provisions

(a) Automatic Eligibility

Co-Chief Justice status attaches automatically upon a justice commencing their eleventh year of active service. No nomination, confirmation, or other action is required.

(b) Ceremonial Chief Justice Designation

  1. Within thirty (30) days of a justice commencing service as Co-Chief Justice, and every two years thereafter, the President shall designate one Co-Chief Justice to serve as Ceremonial Chief Justice;

  2. The Ceremonial Chief Justice exercises the following functions:

  3. (A) Presiding over presidential impeachment trials in the Senate;

  4. (B) Administering the presidential oath of office;

  5. (C) Such other ceremonial functions as are traditionally performed by the Chief Justice of the United States;

  6. The ceremonial designation terminates upon the earlier of: (A) two years from the date of designation; (B) the designated justice's transition to Senior Justice; or (C) the designated justice's death, removal, or incapacity;

  7. Upon termination of a ceremonial designation, the President shall designate a successor from among the serving Co-Chief Justices within thirty (30) days.

(c) Transition Period

  1. The Chief Justice serving on the effective date of this Act ("Legacy Chief Justice") shall continue in that capacity, retaining all ceremonial functions and administrative authority, until death, voluntary retirement, or removal;

  2. Justices appointed under this Act who commence their eleventh year of active service while the Legacy Chief Justice remains in office shall become Co-Chief Justices under subsection (a), and shall share administrative duties with the Legacy Chief Justice pursuant to rules established by the Judicial Conference of the United States;

  3. The Legacy Chief Justice shall not be subject to the twelve-year active service limit established in Section 203, and shall retain the title "Chief Justice of the United States" throughout their tenure;

  4. Upon the Legacy Chief Justice vacating office, the President shall designate a Ceremonial Chief Justice from among the serving Co-Chief Justices under subsection (b), and the provisions of this section shall govern thereafter;

  5. If no Co-Chief Justice is serving when the Legacy Chief Justice vacates office, the President shall designate a Chief Justice from among the sitting Associate Justices, subject to Senate confirmation, to serve until a justice appointed under this Act commences service as Co-Chief Justice.

(d) Incapacity or Vacancy

  1. If the Ceremonial Chief Justice is temporarily unable to perform ceremonial duties, the Co-Chief Justice with the longest tenure in active service shall serve as Acting Ceremonial Chief Justice;

  2. If only one Co-Chief Justice is serving, that justice shall exercise all functions of the Ceremonial Chief Justice until a second Co-Chief Justice commences service;

  3. If no Co-Chief Justice is serving, subsection (c)(2) shall apply.

(e) Administrative Rulemaking

The Judicial Conference of the United States shall promulgate rules governing the division of administrative responsibilities among Co-Chief Justices, including but not limited to case scheduling, opinion assignment procedures, and oversight of federal judicial administration.

Section 205. Vacancy and Schedule Integrity

(a) Preservation of Schedule

The biennial appointment schedule established under Section 201(c) and Section 202(h) shall not be altered, accelerated, or supplemented by reason of any vacancy occurring during a justice's active service. Each seat on the Court shall be filled by presidential nomination and Senate confirmation only at its regularly scheduled appointment interval.

(b) Events Creating a Vacancy

A vacancy in a seat occurs when a justice serving in active service:

  1. Dies;

  2. Is removed from office by impeachment and conviction;

  3. Becomes permanently incapacitated as determined under procedures established by the Judicial Conference of the United States;

  4. Is subject to Mandatory Early Transition under Section 506; or

  5. Elects voluntary early transition to Senior Justice under Section 203(d).

(c) Vacancy Coverage by Senior Justice Rotation

  1. Upon the occurrence of a vacancy under subsection (b), the Administrative Office of the United States Courts shall, within thirty (30) days, establish a vacancy coverage rotation for the affected seat from the vacancy coverage roster;

  2. The vacancy coverage roster shall consist of all Senior Justices who have not been excused under subsection (e);

  3. For each October Term during which a vacancy persists, the Administrative Office shall conduct a random lottery from the vacancy coverage roster to assign one Senior Justice to serve in the vacant seat for the duration of that October Term;

  4. During a rotation assignment, the assigned Senior Justice shall:

  5. (A) Participate fully in oral arguments, conferences, and deliberations as a member of the Court;

  6. (B) Exercise all powers and duties of an Associate Justice with respect to cases heard during the assignment;

  7. (C) Serve as circuit justice for the regional circuit corresponding to the vacant seat;

  8. A Senior Justice who has heard oral argument in a case during a rotation assignment shall continue to participate in that case through final disposition, including conference deliberation and opinion drafting, regardless of whether their rotation assignment has concluded;

  9. No Senior Justice shall be eligible for selection in consecutive lotteries for the same vacant seat unless all other eligible Senior Justices on the vacancy coverage roster have served one rotation for that vacancy or have been excused under subsection (e). Once all eligible Senior Justices have served, the full roster resets and all eligible Senior Justices become available for selection again;

  10. If only one Senior Justice is available on the vacancy coverage roster, that Senior Justice shall serve in the vacant seat for each October Term until another Senior Justice becomes available or the next regularly scheduled appointment for the seat occurs;

  11. If a vacancy occurs during an October Term already in progress, the Administrative Office shall conduct the lottery and assign a Senior Justice within thirty (30) days. The assigned Senior Justice shall serve for the remainder of that October Term, and a new lottery shall be conducted before the next October Term begins.

(d) Duration of Vacancy Coverage

  1. Vacancy coverage rotation for a seat shall continue until the seat is filled by a justice appointed and confirmed through the regular appointment process under Section 202 at the seat's next regularly scheduled biennial appointment;

  2. No vacancy coverage rotation shall extend beyond one full twelve-year cycle for a single seat. If the regular appointment process fails to fill the seat at the next scheduled interval, the seat shall remain vacant until the subsequent scheduled interval;

  3. Upon confirmation of a new justice to the seat, all rotation assignments for that seat shall conclude, except that any Senior Justice who has heard oral argument in a pending case shall retain participation rights in that case under subsection (c)(5).

(e) Health and Incapacity Exemption

  1. A Senior Justice may petition the Administrative Office for exemption from the vacancy coverage roster on grounds of physical or mental health, or age-related incapacity;

  2. The Administrative Office shall grant such petitions upon submission of a certification from a licensed physician attesting that active-service duties would be medically inadvisable;

  3. A Senior Justice excused under this subsection may petition for reinstatement to the roster at any time;

  4. Exemption from the vacancy coverage roster shall not affect a Senior Justice's status, compensation, tenure, or eligibility for other duties under Section 203(c).

(f) No Presidential Appointment for Vacancies

  1. A vacancy under subsection (b) shall not create an additional appointment opportunity for the President outside the regular biennial schedule;

  2. The President shall submit a nomination slate for the vacant seat in the odd-numbered year that constitutes the seat's next regularly scheduled appointment under Section 202(h);

  3. The justice appointed to fill a vacant seat enters the regular twelve-year career structure under Section 203, with Year 1 of active service commencing upon confirmation. The seat's biennial appointment cadence is unaffected; the seat's subsequent scheduled appointment occurs twelve years after the new justice's confirmation, which by operation of the biennial schedule will fall in the same odd-numbered year cycle as originally established.

(g) Multiple Simultaneous Vacancies

  1. If more than one vacancy exists simultaneously, the Administrative Office shall establish a separate vacancy coverage rotation for each vacant seat;

  2. No Senior Justice shall serve on more than one vacancy coverage rotation simultaneously. The Administrative Office shall allocate available Senior Justices across the rotations as evenly as practicable;

  3. If the vacancy coverage roster is exhausted -- that is, fewer Senior Justices are available than there are vacant seats requiring coverage -- uncovered seats shall remain vacant until either a Senior Justice becomes available or the next regularly scheduled appointment fills the seat;

  4. The Court shall continue to operate and decide cases with whatever number of active justices and rotation-assigned Senior Justices are available. No minimum quorum beyond that required by existing law shall be imposed by this section.

(h) Administrative Provisions

  1. The Administrative Office shall maintain the vacancy coverage roster and publish it annually;

  2. The Administrative Office shall establish procedures for notification, scheduling, and transition of rotation assignments;

  3. Rotation assignments shall be published on the Court's calendar with sufficient advance notice to permit preparation by the assigned Senior Justice;

  4. The Administrative Office shall report annually to the Judicial Conference on the operation of the vacancy coverage system, including the number of vacancies, the composition of the roster, and any exemptions granted.

Section 206. Oath of Office and Commencement of Service

(a) Oath Required

Each justice shall take the oath of office prescribed by law before commencing active service on the Supreme Court.

(b) Administration of Oath

The oath of office shall be administered by the Ceremonial Chief Justice, or in the absence or incapacity of the Ceremonial Chief Justice, by the Co-Chief Justice with the longest tenure in active service, or if no Co-Chief Justice is available, by the Associate Justice with the longest tenure in active service.

(c) Mutual Oath Requirement

When two or more justices are confirmed to commence active service in the same year, they shall be sworn in during the same ceremony. No oath of office administered to a justice commencing service in that year shall be valid unless all justices confirmed to commence service in that year are present and sworn at the same ceremony.

(d) Exception for Death, Incapacity, or Withdrawal

Subsection (c) shall not apply with respect to a confirmed justice who, prior to the oath ceremony:

  1. Dies;

  2. Becomes permanently incapacitated as determined under procedures established by the Judicial Conference of the United States; or

  3. Withdraws from the appointment.

(e) Commencement of Active Service

A justice's active service, and the twelve-year period established under Section 203, commences upon taking the oath of office.

(f) Timing

Justices confirmed to fill positions becoming available in an odd-numbered year shall take the oath of office after the positions are vacated by the outgoing justices' transition to Senior Justice and before the first oral argument of the October Term beginning in that year.

TITLE III: TRANSPARENCY AND EVALUATIVE STANDARDS FOR NOMINATIONS

Section 301. Congressional Findings

Congress finds that:

  1. The "Advice and Consent" power of the Senate is most effectively exercised when a nominee possesses a robust and transparent record of legal reasoning available for public evaluation;

  2. Epistemic diversity -- incorporating the perspectives of career judges, legal scholars, experienced legislators, and executive branch legal officers -- strengthens the Court's capacity to interpret law within a complex democratic society;

  3. Requiring documented evidence of sustained legal reasoning ensures that a nominee's judicial philosophy is grounded in a demonstrated history of analysis rather than undisclosed commitments or confirmation hearing performance;

  4. Nothing in this Title shall be construed to limit the President's authority under Article II to nominate any person of the President's choosing to the Supreme Court;

  5. Documentation requirements calibrated to enable Senate evaluation of multiple nominees simultaneously serve both the transparency goals of this Title and the selection process established in Section 202.

Section 302. Nomination Documentation Requirements

(a) Required Submission

The President shall submit to the Senate, concurrently with any nomination slate under Section 202(a), a comprehensive record for each nominee demonstrating the nominee's legal reasoning and constitutional philosophy. Each nominee's record shall consist of no fewer than ten (10) distinct works of substantial legal analysis authored or primarily drafted by the nominee, self-selected by the nominee as representative of the nominee's best and most characteristic legal reasoning.

(b) Qualifying Documentation

The submission required under subsection (a) may include any combination of the following:

  1. Judicial Works: Opinions, orders, concurrences, or dissents -- published or unpublished -- from any federal or state court of record;

  2. Scholarly Works: Legal scholarship published in peer-reviewed journals, law reviews, edited volumes, or academic treatises, and scholarly books on legal subjects;

  3. Advocacy Works: Legal briefs, substantive motions, or petitions filed in federal appellate courts, the Supreme Court of the United States, or the highest court of any State;

  4. Legislative Works: Formal committee reports containing legal analysis, legislative findings of a legal nature, or legal memoranda prepared during service in a federal or state legislature;

  5. Executive Works: Official legal opinions or memoranda prepared during service in a federal or state executive capacity, including service as Attorney General, Solicitor General, or in agency general counsel offices;

  6. Professional Works: Formal legal opinions or memoranda prepared in the course of professional legal practice that demonstrate sustained engagement with complex constitutional, statutory, or regulatory questions.

(c) Subject Matter Diversity

The submitted record shall include works addressing at least three of the following subject areas:

  1. Constitutional structure, federalism, or separation of powers;

  2. Individual rights and civil liberties;

  3. Criminal law and procedure;

  4. Administrative law and regulatory interpretation;

  5. Statutory interpretation methodology;

  6. Private law, including contracts, property, and torts.

Section 303. Judicial Philosophy Statement

(a) Requirement

Every nominee shall submit, as part of the nomination materials, a written statement of judicial philosophy of no fewer than 2,000 words.

(b) Contents

The judicial philosophy statement shall include:

  1. The nominee's interpretive approach to the Constitution and federal statutes;

  2. The nominee's views on the role of precedent and stare decisis;

  3. The nominee's understanding of the proper relationship between the judiciary and the political branches;

  4. Illustrative examples demonstrating application of the nominee's stated philosophy to specific legal questions, which may include hypothetical scenarios or discussion of established case law.

(c) Authenticity

The nominee shall attest that the judicial philosophy statement represents their own views, composed without ghostwriting or substantial revision by others.

Section 304. Attestation of Authorship

Each qualifying work submitted under Section 302 shall be accompanied by attestation that the nominee is the sole author or primary drafter of the work. Works co-authored with others shall identify the nominee's specific contributions.

Section 305. Senate Procedures for Slate Consideration

(a) Public Disclosure

All nomination materials submitted under Sections 302, 303, and 304 for every nominee on a slate shall be made available to the public within seventy-two (72) hours of the Senate's receipt of the nomination slate.

(b) Completeness Determination

The Senate Judiciary Committee shall, within fourteen (14) days of receiving a nomination slate:

  1. Determine whether the submitted record for each nominee satisfies the requirements of Sections 302, 303, and 304;

  2. If any nominee's record is incomplete, notify the President and the nominee of specific deficiencies;

  3. A nominee whose record is determined incomplete shall be removed from the slate unless a complete record is provided within fourteen (14) days of notification. If removal of a nominee reduces the slate below the minimum required under Section 202(a)(2), the President shall submit a supplemental nominee within fourteen (14) days.

(c) Public Review Period

No hearings shall commence sooner than twenty-one (21) days after the Senate Judiciary Committee certifies all nomination records on the slate as complete.

(d) Judiciary Committee Hearings

  1. The Senate Judiciary Committee shall conduct hearings on the nomination slate, allotting one day of hearings per nominee, with morning and afternoon sessions;

  2. Carryover nominees under Section 202(f) shall receive an abbreviated hearing of no more than one half-day, focused on developments since the nominee's prior appearance;

  3. The chair and ranking member of the Senate Judiciary Committee may jointly agree to recall any nominee for one additional half-day session. In the absence of agreement between the chair and ranking member, a three-fifths vote of the Committee shall be required to authorize a callback session;

  4. No nominee shall be subject to more than one callback session.

(e) Bloc STAR Vote

Following completion of hearings, the Senate shall conduct the Bloc STAR voting procedure established in Section 202(b) within the consideration timeline established in Section 202(g).

Section 306. Slate Rejection and Resubmission

(a) Resubmission Requirement

If the Senate rejects a nomination slate under Section 202(c), the President shall submit a new nomination slate within thirty (30) days of the rejection.

(b) Nominee Exclusion

No nominee who appeared on a rejected slate shall be eligible for inclusion on the immediately subsequent nomination slate. Such nominees remain eligible for later slates, subject to the carryover provisions of Section 202(f) and the documentation validity periods established therein.

(c) Repeated Rejection

If the Senate rejects two consecutive nomination slates for the same appointment cycle, the nominee exclusion provision of subsection (b) shall not apply to the third and subsequent slates, and the President may include any eligible nominee.

TITLE IV: IMPLEMENTATION

Section 401. Transition Provisions

(a) Effective Date

This Act shall take effect upon the date of enactment.

(b) Circuit Reorganization

The circuit reorganization established by Title I shall become effective two years after the date of enactment, allowing administrative preparation time.

(c) Immediate Application

Beginning on the effective date:

  1. The first expansion appointment under Section 201(c) shall occur in the first odd-numbered year following the date of enactment;

  2. Subsequent expansion appointments occur in each odd-numbered year thereafter until all fifteen positions are filled;

  3. Regular replacement appointments begin twelve years after the first expansion appointment.

(d) Transparency Requirements

All provisions of Title III apply immediately to any nomination submitted after the effective date of this Act.

(e) Slate Nomination and Bloc STAR Voting

The slate nomination process established in Section 202(a) and the Bloc STAR voting procedure established in Section 202(b) shall apply to all appointments under this Act, including expansion appointments under Section 201(c)(1). For expansion appointments filling a single position, the nomination slate shall contain no fewer than two (2) and no more than three (3) nominees.

Section 402. Fairness and Balance Provisions

(a) Bipartisan Implementation

The expansion and replacement schedule ensures:

  1. No single president receives disproportionate appointment opportunities. Vacancies arising from unexpected departures do not create additional appointment opportunities outside the regular biennial schedule;

  2. Each four-year presidential term includes five appointment opportunities beginning in Year 21 of the Appointment Schedule;

  3. Regular turnover prevents excessive concentration of judicial power.

(b) Constitutional Protections Preserved

Nothing in this Act shall:

  1. Remove any sitting justice from office;

  2. Reduce the salary of any federal judge;

  3. Violate the "good behavior" tenure provision of Article III;

  4. Impair the independence of the federal judiciary.

(c) Senior Justice Precedent

The Senior Justice provisions build upon existing precedent in 28 U.S.C. Section 371 for senior status and maintain full Article III constitutional protections for all justices throughout their lifetime tenure.

Section 403. Effective Date and Transition

(a) Effective Date

This Act shall take effect upon the date of enactment, except as otherwise provided.

(b) Existing Justices

Justices serving on the effective date:

  1. Are not subject to the three-phase career structure established by this Act, except as provided in subsection (d);

  2. May continue in active service indefinitely, voluntarily elect Senior Justice status at any time, or elect to enter the career structure under subsection (d);

  3. Maintain all constitutional protections and benefits regardless of service status.

(c) Legacy Chief Justice

The Legacy Chief Justice's status is governed exclusively by Section 204(c) and is not subject to the provisions of subsection (d).

(d) Voluntary Transition Opt-In for Legacy Associate Justices

  1. Any Associate Justice serving on the effective date of this Act, other than the Legacy Chief Justice governed by Section 204(c), may elect to enter the career structure established by Section 203 by filing a written election with the Administrative Office of the United States Courts;

  2. The Administrative Office shall publish and maintain a schedule of available Co-Chief Justice slots, derived from the Appointment Schedule established under Section 202(e), into which electing justices may be placed;

  3. An electing justice shall submit, together with the written election, a list of all Co-Chief Justice slots the justice finds acceptable;

  4. The Administrative Office shall assign electing justices to slots according to the following procedure:

  5. (A) Slots shall be filled in chronological order, beginning with the earliest available slot;

  6. (B) When two or more electing justices have listed the same slot as acceptable, the slot shall be assigned to the justice who is oldest by date of birth;

  7. (C) A justice who is not assigned to a preferred slot because it was assigned to an older justice shall be assigned to the next earliest slot on the justice's list of acceptable slots;

  8. (D) The Administrative Office shall notify each electing justice of their assigned slot within sixty (60) days of receiving the election;

  9. Upon commencing service in the assigned Co-Chief Justice slot, the electing justice shall serve as Co-Chief Justice for two years pursuant to Section 203(b), and shall thereafter transition to Senior Justice status pursuant to Section 203(c);

  10. The seat vacated by an electing justice's transition to Senior Justice shall not create an additional appointment opportunity for the President outside the regular biennial schedule. The vacancy shall be addressed pursuant to Section 205;

  11. An electing justice who has been assigned to a slot may withdraw the election at any time before commencing service in that slot, by filing a written withdrawal with the Administrative Office. A justice who withdraws returns to Legacy Associate Justice status under subsection (b) and may not file a subsequent election for the same slot, but may file a new election for any remaining available slot;

  12. Slots for which no election has been filed shall remain available until the calendar date of the slot has passed, at which point the slot expires;

  13. Nothing in this subsection shall be construed to compel any justice to elect entry into the career structure established by this Act, nor shall a justice's decision not to elect carry any consequence for the justice's status, compensation, duties, or tenure;

  14. An electing justice who commences service as Co-Chief Justice under this subsection shall be eligible for designation as Ceremonial Chief Justice under Section 204(b) on the same terms as any other Co-Chief Justice.

(e) Severability

If any provision of this Act is held invalid, the remainder shall remain in effect.

Section 404. Authorization of Appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this Act, including:

  1. Additional judicial salaries and benefits;

  2. Court facilities and administrative costs;

  3. Implementation of circuit reorganization;

  4. Enhanced transparency, documentation review, and slate evaluation processes;

  5. Operations of the Office of the Judicial Inspector General and the Ethics Review Panel established under Title V.

TITLE V: JUDICIAL ETHICS AND ACCOUNTABILITY

Section 501. Adoption of the Code of Conduct

(a) Application to the Supreme Court

The "Code of Conduct for United States Judges," as adopted and amended by the Judicial Conference of the United States, shall apply in its entirety to the Justices of the Supreme Court of the United States.

(b) Binding Effect

Compliance with the Code of Conduct shall be mandatory, not advisory, for all Justices serving in active service or in Senior Justice status.

(c) Amendments

Any amendments to the Code of Conduct adopted by the Judicial Conference shall apply to Supreme Court Justices automatically upon adoption, unless Congress provides otherwise by statute.

Section 502. Mandatory Recusal Documentation

(a) Requirement

Any Justice who recuses themselves from a proceeding, or who declines to recuse themselves following a formal motion by a party, shall provide a written explanation identifying the specific legal and factual basis for such decision.

(b) Contents

Such written explanation shall include:

  1. The specific provision of the Code of Conduct or federal statute implicated;

  2. The factual circumstances giving rise to the recusal question;

  3. The Justice's reasoning for the decision to recuse or not recuse.

(c) Transparency

Recusal explanations shall be filed with the Clerk of the Supreme Court and made available to the public, except that information concerning national security matters or sealed proceedings may be redacted or filed under seal.

Section 503. Ethics Review Panel

(a) Establishment

There is established an Ethics Review Panel consisting of five Senior Justices to adjudicate ethics complaints against Justices serving in active service.

(b) Composition

  1. The five Senior Justices with the longest tenure in Senior Justice status shall comprise the Ethics Review Panel;

  2. If fewer than five Senior Justices are available, the Bridge Panel mechanism established in Section 508 shall apply;

  3. No Senior Justice may participate in a matter involving a complaint against a Justice with whom they previously served on the Court in active service, except that this recusal requirement shall be waived if application would reduce the Panel below three members;

  4. No Senior Justice currently assigned to a vacancy coverage rotation under Section 205 shall be eligible to serve on the Ethics Review Panel for the duration of that rotation assignment. A Senior Justice whose rotation assignment concludes during the pendency of a matter before the Ethics Review Panel shall not join the Panel for that matter. If application of this subsection and subsection (3) together reduces available Senior Justices below five, the Bridge Panel mechanism established in Section 508 shall apply to fill the remaining positions.

(c) Authority

The Ethics Review Panel shall have authority to:

  1. Receive referrals from the Judicial Inspector General;

  2. Conduct hearings and receive evidence;

  3. Make findings of fact and conclusions of law;

  4. Impose sanctions as provided in Section 506.

(d) Voting Requirements

  1. Sanctions of Private Admonishment or Public Admonishment require a majority vote of the Panel;

  2. Sanctions of Public Censure or Mandatory Early Transition require a 4/5 supermajority vote of the Panel;

  3. All final decisions of the Panel shall include written opinions, which may be issued per curiam.

Section 504. Judicial Inspector General

(a) Establishment

There is established within the Judicial Branch an independent Office of the Judicial Inspector General.

(b) Appointment

  1. The Judicial Inspector General shall be appointed by unanimous vote of the Ceremonial Chief Justice and the four Senior Justices with the longest tenure in Senior Justice status;

  2. If fewer than four Senior Justices are available during the transition period, the Ceremonial Chief Justice and all available Senior Justices shall make the appointment by unanimous vote, with the Bridge Panel members participating to reach a minimum of five voting members;

  3. The Judicial Inspector General shall serve a single term of ten years and may not be reappointed.

(c) Removal

The Judicial Inspector General may be removed only by unanimous vote of the appointing body for incapacity, substantial neglect of duty, or commission of a felony.

(d) Qualifications

The Judicial Inspector General shall:

  1. Have served as a federal judge for at least ten years, or have equivalent experience in judicial administration;

  2. Not have served as a Justice of the Supreme Court;

  3. Not hold any other federal office during the term of service.

(e) Authority

The Judicial Inspector General shall:

  1. Receive and evaluate complaints alleging violations of the Code of Conduct by any Justice;

  2. Conduct investigations into such complaints;

  3. Refer substantiated complaints to the Ethics Review Panel with written findings and recommendations;

  4. Publish an annual report to Congress summarizing the number and nature of complaints received, investigated, and referred, without disclosing the identities of Justices who are subjects of unsubstantiated complaints.

(f) Independence

The Judicial Inspector General shall not be subject to supervision or direction by any Justice, the Judicial Conference, or any officer of the executive or legislative branches in the conduct of investigations.

Section 505. Complaint Procedures

(a) Filing

Any person may file a complaint with the Office of the Judicial Inspector General alleging that a Justice has violated the Code of Conduct.

(b) Initial Review

The Judicial Inspector General shall, within sixty (60) days of receiving a complaint:

  1. Determine whether the complaint states a plausible violation of the Code of Conduct;

  2. Dismiss complaints that are frivolous, lack factual basis, or fall outside the scope of the Code of Conduct;

  3. Notify the complainant of the disposition.

(c) Investigation

  1. If the Judicial Inspector General determines that a complaint states a plausible violation, the Inspector General shall conduct an investigation;

  2. The subject Justice shall be notified of the investigation and afforded an opportunity to respond in writing;

  3. The investigation shall be completed within one hundred eighty (180) days, unless the Judicial Inspector General determines that exceptional circumstances require an extension of no more than ninety (90) additional days.

(d) Referral

Upon completion of an investigation, the Judicial Inspector General shall:

  1. Dismiss the complaint with written findings if the investigation does not substantiate a violation; or

  2. Refer the complaint to the Ethics Review Panel with written findings and recommendations if the investigation substantiates a violation.

(e) Confidentiality

  1. All complaints and investigations shall remain confidential until such time as the Ethics Review Panel issues a final decision imposing a sanction of Public Admonishment, Public Censure, or Mandatory Early Transition;

  2. Dismissed complaints shall not be disclosed publicly;

  3. Nothing in this subsection shall prevent the Judicial Inspector General from disclosing information to law enforcement authorities if there is evidence of criminal conduct.

Section 506. Sanctions

(a) Menu of Sanctions

The Ethics Review Panel may impose the following sanctions upon a finding that a Justice has violated the Code of Conduct:

  1. Private Admonishment: A confidential written communication to the Justice identifying the violation and directing corrective action;

  2. Public Admonishment: A published written communication identifying the violation and directing corrective action;

  3. Public Censure: A formal published finding of serious ethical violation, accompanied by a detailed written opinion;

  4. Mandatory Early Transition: An order directing the Justice to transition to Senior Justice status within a period specified by the Panel, not to exceed one year.

(b) Mandatory Early Transition -- Enumerated Grounds

Mandatory Early Transition may be imposed only upon a finding, by 4/5 supermajority vote of the Ethics Review Panel, that the Justice has committed one or more of the following:

  1. Refusal to recuse in a case presenting a direct financial conflict of interest, as defined by 28 U.S.C. Section 455(b)(4);

  2. Acceptance of gifts or benefits exceeding thresholds established by the Judicial Conference that create a reasonable appearance of impropriety;

  3. Engagement in ex parte communications regarding pending cases with parties, counsel, or their agents;

  4. Willful and repeated failure to comply with financial disclosure requirements established by the Ethics in Government Act.

(c) Mandatory Early Transition -- Consequences

  1. A Justice subject to Mandatory Early Transition shall transition to Senior Justice status as of the date specified in the Panel's order;

  2. Upon transition, the Justice retains all Article III protections, salary, and benefits of Senior Justice status;

  3. The Justice shall not be eligible for vacancy coverage rotation under Section 205 for a period of five years following the transition;

  4. The vacancy created by a Mandatory Early Transition shall be addressed pursuant to Section 205.

Section 507. Appellate Review

(a) Right of Appeal

A Justice sanctioned by the Ethics Review Panel may appeal the decision to an en banc panel consisting of all Senior Justices not serving on the Ethics Review Panel that issued the decision and not currently assigned to a vacancy coverage rotation under Section 205. If the en banc panel would consist of fewer than three Senior Justices after application of this exclusion, the Bridge Panel mechanism established in Section 508 shall supply additional members to reach a minimum of three.

(b) Standard of Review

The en banc panel shall review the Ethics Review Panel's findings of fact for clear error and its conclusions of law de novo.

(c) Automatic Stay

The filing of an appeal shall automatically stay the imposition of any sanction pending resolution of the appeal.

(d) Final Decision

The decision of the en banc panel shall be final and not subject to further judicial review.

Section 508. Bridge Panel

(a) Transition Period

During any period in which fewer than five Senior Justices are available to serve on the Ethics Review Panel -- whether by reason of insufficient Senior Justices during the transition period, vacancy coverage rotation assignments under Section 205, recusals under Section 503(b)(3), or any combination thereof -- the remaining positions shall be filled by retired Chief Judges of United States Courts of Appeals, selected by the Judicial Conference of the United States. The Bridge Panel mechanism shall also apply to supply additional members to the en banc appellate body under Section 507(a) when that body would otherwise consist of fewer than three members.

(b) Qualifications

Bridge Panel members shall:

  1. Have served as Chief Judge of a United States Court of Appeals;

  2. Have been in retired or senior status for at least two years;

  3. Not have any pending matters before the Supreme Court.

(c) Term

Bridge Panel members shall serve until a sufficient number of Senior Justices become available to fill the Ethics Review Panel, at which point the Bridge Panel members' service shall terminate.

Section 509. Financial Disclosure

(a) Enhanced Requirements

In addition to any financial disclosure requirements imposed by existing law, each Justice shall:

  1. File annual financial disclosure reports with the Judicial Conference;

  2. Disclose all gifts, travel, and hospitality received from non-family members exceeding a threshold established by the Judicial Conference;

  3. Make such disclosures available to the public within thirty (30) days of filing.

(b) Judicial Conference Authority

The Judicial Conference shall establish by rule the specific thresholds, categories, and procedures for enhanced financial disclosure under this section.

Section 510. Preservation of Constitutional Authorities

Nothing in this Title shall be construed to immunize any person from criminal liability under federal law, nor to limit the authority of the Department of Justice to investigate or prosecute criminal conduct.

Revision History

Revision 2.3 (Current) - Added Section 503(b)(4): Senior Justices currently assigned to vacancy coverage rotation under Section 205 are ineligible for Ethics Review Panel service during the rotation assignment; Bridge Panel fills resulting shortfalls - Amended Section 507(a) to exclude Senior Justices on vacancy coverage rotation from en banc appellate review, with Bridge Panel backstop at a three-member minimum - Amended Section 508(a) to broaden Bridge Panel trigger beyond transition period to include vacancy rotation exclusions, recusals, and combinations thereof; extended Bridge Panel coverage to en banc appellate body - Conforming amendment to Definition 10 to reflect expanded Bridge Panel scope beyond transition period

Revision 2.2 - Amended Section 101 heading from "Establishment of Fifteen Judicial Circuits" to "Establishment of Population-Based Judicial Circuits" to avoid embedding a specific circuit count in the section heading - Replaced hard-coded date "Beginning January 1, 2027" in Section 101(a) with enactment-relative framing, consistent with Rev 2.2 dating conventions - Replaced Section 101(b)(3) whole-state constraint ("Ensure no State is divided between circuits") with district-level building block language permitting division along existing federal judicial district boundaries where population equity requires it; incorporates findings from district-level circuit modeling exercise (February 2026) - Replaced Section 101(c) single-sentence decennial adjustment process with structured compliance assessment and boundary adjustment framework including five-year assessment cycle, tiered response mechanism, and mandatory rebalancing trigger - Added Section 101(d) establishing circuit count adjustment mechanism triggered when boundary adjustments alone cannot restore compliance; requires congressional authorization for new circuits and corresponding Supreme Court composition changes - Added Section 101(e) establishing population data standards defining census data sources and population methodology used throughout Section 101 - Tightened Section 102(b) district court assignment cross-reference to align with district-level building block approach in revised Section 101(b) - Converted all hard-coded dates to enactment-relative language: Section 401(a), Section 401(b), Section 401(c)(1), and Section 403(a)

Revision 2.1 - Replaced single-nominee confirmation model with slate-based nomination and Bloc STAR voting selection process (Section 202(a)-(c)) - Slate sizing: minimum n x 2, maximum n x 2.5 rounded up, where n equals available positions - Bloc STAR voting: senators score each nominee 0-5, public scoring, aggregate tabulation, automatic runoff for ties (Section 202(b)) - Senate retains authority to reject entire slate; threshold determined by Senate rules (Section 202(c)) - Added carryover nominee mechanism: nominees from prior slates eligible for 5 years from original submission, with truncated hearing process (Section 202(f)) - Reduced documentation requirement from 50 works to 10 self-selected works of substantial legal analysis (Section 302(a)) - Added "self-selected by the nominee as representative of the nominee's best and most characteristic legal reasoning" language - Reduced judicial philosophy statement from 5,000 to 2,000 words (Section 303(a)) - Rewrote Section 305 as "Senate Procedures for Slate Consideration" with new timeline: 72-hour public disclosure, 14-day completeness determination, 21-day public review, one-day hearings per nominee, abbreviated half-day hearings for carryover nominees, bipartisan callback mechanism - Added Section 306: Slate Rejection and Resubmission procedures, including nominee exclusion from immediately subsequent slate and safety valve for repeated rejections - Added Finding 15 (slate-based process rationale) and Finding 16 (scored voting methods) - Added Purpose 12 (replacing binary confirmation with slate-based selection) - Added Definitions 16-18: Nomination slate, Bloc STAR voting, Carryover nominee - Added Section 301(5): Congressional finding on documentation calibrated for multi-nominee evaluation - Updated Section 201(c)(3) to reference five appointments per presidential term - Updated Section 202(h) (renumbered from 202(c)): corrected "exactly two" to "five" appointment opportunities per presidential term - Added Section 401(e): explicit applicability of slate nomination and Bloc STAR voting to all appointments including expansion phase - Updated Section 402(a)(2) to reference five appointment opportunities beginning Year 21 - Updated Section 404(4) appropriations language to include slate evaluation processes - Cross-reference updates throughout: Section 202(c) references updated to 202(h) where applicable; Section 205(a) and (f)(2) updated for renumbered subsections

Revision 2.0 - Added Section 403(d): Voluntary Transition Opt-In for Legacy Associate Justices - Legacy Associate Justices (excluding the Legacy Chief Justice) may voluntarily elect to enter the FJBAA career structure by claiming an available Co-Chief Justice slot - Slot assignment uses chronological priority with age-based tiebreaker (oldest justice by date of birth receives priority) - Elections are open from the effective date; unclaimed slots expire when their calendar date passes - Electing justices serve two-year Co-Chief Justice capstone, then transition to Senior Justice status - Vacated seats handled exclusively through Section 205 vacancy mechanism; no additional presidential appointments - Withdrawal permitted before commencing Co-Chief service; no penalty for declining to elect - Added Section 403(c): Legacy Chief Justice cross-reference to Section 204(c) - Added Definition 15: "Legacy Associate Justice" - Re-lettered Section 403(c) (Severability) to Section 403(e) - Conforming amendments to Section 403(b)(1) and (b)(2)

Revision 1.9 - Replaced singular Chief Justice with Co-Chief Justice structure (Section 203(b), Section 204) - Multiple justices serve simultaneously as Co-Chief Justices during Years 11-12 - President designates one Co-Chief Justice as Ceremonial Chief Justice for two-year terms - Ceremonial functions enumerated: presiding over impeachment trials, administering presidential oath - Administrative duties divided among Co-Chiefs pursuant to Judicial Conference rules - Added Definition 2A: "Ceremonial Chief Justice" - Revised Definition 2: "Chief Justice" becomes "Co-Chief Justice" - Revised Definition 4: Updated "active service" to reference Co-Chief Justice - Revised Finding 11 and Purpose 9 to reflect shared leadership model - Revised Section 204(c) transition provisions: Legacy Chief Justice retains full authority and ceremonial functions until vacating office; FJBAA Co-Chiefs operate alongside with shared administrative duties; ceremonial designation mechanism activates only after Legacy Chief Justice departs - Added Section 204(e) delegating administrative rulemaking to Judicial Conference - Added Section 202(d): Appointment Equalization -- when three consecutive odd-numbered years each have three positions available, one position from the first year is filled by the outgoing president; ensures five appointments per presidential term beginning Year 21 - Added Section 202(e): Schedule Publication -- directs Administrative Office to maintain and publish the Appointment Schedule - Added Section 206: Oath of Office and Commencement of Service -- establishes oath administration procedures, mutual oath requirement (all justices commencing service in same year must be sworn together), and timing of commencement of active service - Conforming amendments: Updated Section 201(a) and (b), Section 203(a), (c), and (d), Finding 12, and Section 504(b) to reflect Co-Chief Justice terminology

Revision 1.8 - Added Section 205: Vacancy and Schedule Integrity (new section with eight subsections) - Establishes vacancy coverage rotation system using Senior Justices to fill unexpected vacancies - Preserves biennial appointment schedule: vacancies do not create presidential appointment opportunities outside regular schedule - Uses random lottery per October Term to assign Senior Justices to vacant seats, preventing gaming of rotation assignments - Added pool-exhaustion cycling rule: no Senior Justice serves consecutive rotations for same vacancy until all eligible members have served one rotation - Added mid-term vacancy provision: lottery conducted within 30 days for vacancies arising during an October Term already in progress - Added Definition 13: "Vacancy coverage roster" - Added Definition 14: "Vacancy coverage rotation" (references random lottery mechanism) - Amended Section 203(c) to add vacancy coverage rotation as duty of Senior Justices (new subsection 9) - Amended Section 203(c)(7) to specify which assignments Senior Justices may decline (discretionary assignments under subsections 4, 5, and 6) - Amended Section 203(d) to cross-reference Section 205 for handling voluntary early transitions - Amended Section 402(a)(1) to clarify that vacancies do not create additional appointment opportunities - Amended Section 506(c)(4) to cross-reference Section 205 for handling Mandatory Early Transition vacancies - Renumbered Section 509 (Preservation of Constitutional Authorities) to Section 510

Revision 1.7 - Amended Section 204(b)(1) to add explicit termination of existing Chief Justice's tenure in that role upon commencement of automatic selection process under Section 204(a) - Added reversion clause: Chief Justice serving under transition provisions reverts to Associate Justice status upon commencement of automatic rotation, with option to continue in active service or elect Senior Justice status under Section 403(b) - Resolved potential ambiguity between Section 204(a) automatic selection and Section 204(b)(1) continuation language for existing Chief Justice

Revision 1.6 - Overhauled Title III from credential-based qualifications to evidence-based transparency requirements - Removed minimum qualification requirements (15 years experience, 5 years federal appellate service) due to constitutional vulnerability under Appointments Clause - Established documentation-based nomination requirements (50 works of substantial legal analysis) - Created six qualifying documentation pathways: judicial, scholarly, advocacy, legislative, executive, and professional works - Added subject matter diversity requirement (3 of 6 specified areas) - Added attestation of authorship requirement - Added Congressional findings on epistemic diversity (Section 301) - Replaced judicial qualifications panel with Senate Judiciary Committee completeness determination - Extended minimum deliberation period from 30 to 45 days - Added 5,000-word judicial philosophy statement requirement with illustrative examples - Explicitly preserved presidential nomination discretion (Section 301(4)) - Updated Finding 9 to reflect transparency-based approach - Added Finding 14 regarding epistemic diversity - Updated Purpose 5 to reflect documentation requirements - Updated Section 401(d) heading from "Qualification Requirements" to "Transparency Requirements" - Added definitions for "Qualifying documentation" and "Substantial legal analysis" (Section 3) - Updated Section 404(4) appropriations language

Revision 1.5 - Added Title V: Judicial Ethics and Accountability - Establishes binding Code of Conduct for Supreme Court Justices (Section 501) - Creates mandatory recusal documentation requirements (Section 502) - Establishes Ethics Review Panel of Senior Justices with 4/5 supermajority requirement for serious sanctions (Section 503) - Creates independent Judicial Inspector General with ten-year term and unanimous-vote removal protection (Section 504) - Establishes complaint procedures with due process protections and confidentiality requirements (Section 505) - Provides menu of sanctions including Mandatory Early Transition for enumerated objective violations (Section 506) - Creates en banc appellate review by full body of Senior Justices with automatic stay (Section 507) - Establishes Bridge Panel mechanism using retired Circuit Chief Judges during transition period (Section 508) - Added Finding 13 and Purpose 11 regarding judicial ethics and accountability - Added definitions for Ethics Review Panel, Judicial Inspector General, and Bridge Panel (Section 3) - Added Ethics Review Panel service to Senior Justice duties in Section 203(c) - Added Title V appropriations authorization to Section 404

Revision 1.4 - Revised Section 201(a) to clarify that the Court consists of fifteen justice positions, eliminating ambiguity suggesting 15 Associate Justices plus 1 Chief Justice (16 total) - Restructured Section 201(a) to present the three-phase career structure (Associate Justice, Chief Justice, Senior Justice) as phases within a single position rather than separate position types - Added explicit steady-state description: fourteen justices in Associate Justice phase plus one in Chief Justice phase equals fifteen active justices - Revised Section 201(b) to clarify circuit justice assignments: each of fifteen regional circuits corresponds to one justice position - Added provision that Chief Justice provides circuit justice coverage for D.C. Circuit and Federal Circuit in addition to their assigned regional circuit - Updated Section 201(c)(1) and Section 202(c)(1) terminology from "Associate Justice positions" to "justice positions" for consistency with revised Section 201(a)

Revision 1.3 - Established three distinct justice roles with clear terminology: Associate Justice (years 1-10), Chief Justice (years 11-12), Senior Justice (year 13+) - Revised Section 3 (Definitions) to define Associate Justice, Chief Justice, and Senior Justice as distinct phases - Restructured Section 203 as "Three-Phase Justice Career Structure" consolidating the duties for each phase - Added Finding 12 regarding structured career path providing clarity, dignity, and predictability - Added Purpose 10 regarding dignified three-phase career structure - Updated terminology throughout: "senior service" becomes "Senior Justice" status - Section 201 revised to reflect three-phase composition - Section 202 clarifies appointments fill Associate Justice positions - Section 204 updated for consistency with three-phase terminology - Revised subtitle: "Expand the Supreme Court" replaced with "Align Supreme Court Composition with Circuit Organization"

Revision 1.2 - Revised Section 204 to establish automatic Chief Justice rotation - Chief Justice now selected automatically by seniority for final two years of active service (years 11-12) - Eliminates separate nomination and confirmation for Chief Justice position - Every justice who completes full term serves as Chief Justice - Added transition period provisions for period before automatic rotation begins - Added incapacity and vacancy provisions for Chief Justice position - Added findings (11) and purposes (9) regarding Chief Justice rotation and power diffusion

Revision 1.1 - Reformatted document to comply with APAI Document Production Manual Rev 1.1 - Corrected Title and Section heading formats - Moved Revision History to document end - Removed status line and misplaced header elements - Fixed character encoding issues (mojibake) - Removed Legislative Notes section (rationale belongs in separate Policy Rationale document)

Revision 1.0 - Initial comprehensive draft - Establishes fifteen population-based judicial circuits - Aligns Supreme Court composition with circuit organization - Creates predictable judicial appointment schedule - Defines qualifications and transparency requirements - Implements phased expansion and regular replacement schedule

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Prepared by Albert Ramos for The American Policy Architecture Institute