S. 5076: Supreme Court Biennial Appointments and Term Limits Act of 2026 (119th Congress) Bill Summary

This bill would change how the U.S. Supreme Court is staffed and when new justices are appointed.

It would set the Court’s size at a Chief Justice plus at least 8 associate justices, meaning the Court would have 9 or more justices.
It would say that for most appeal cases, only the 9 most recently appointed justices who are available would hear the case.
All justices would still take part in original jurisdiction cases (the limited category of cases the Supreme Court hears first).
If the Chief Justice is temporarily unable to serve, the duties would pass to the next most senior associate justice who can act.
If the Chief Justice position becomes permanently vacant, the next Supreme Court appointment would have to be made to fill that Chief Justice role.

The President would appoint one new justice, with Senate confirmation, during the first 120 days of the first and third years of each presidential term.
If the Senate rejects or the President withdraws a nomination, a replacement nomination would have to be made within 120 days.
No new appointment could be made if there are already 9 justices who are eligible to hear appellate cases.
If the Court falls below 9 justices because of a permanent vacancy, the President would have to appoint enough new justices to bring the Court back to 9.
Newly appointed justices would generally start their terms on July 1.
If appointments are being made to restore the Court to 9 justices after a permanent vacancy, the new justice’s term would begin immediately upon appointment.

The bill defines key terms such as permanent vacancy (death, resignation, retirement, or removal) and temporary absence (including disability, recusal, or disqualification).
It would take effect starting with the first full presidential term that begins after the bill becomes law.
If part of the law is struck down, the rest would remain in effect.