Supreme Court Term Limits and Regular Appointments: New Bill Mandates Two Justices Every Four Years

The Supreme Court is getting a massive structural makeover if the Supreme Court Biennial Appointments and Term Limits Act of 2026 becomes law. The bill proposes a hard schedule for the President: they must appoint one justice in the first year of their term and another in the third year, specifically within the first 120 days of those years (Sec. 2). Instead of waiting for a justice to retire or pass away to see a change on the bench, this creates a predictable rhythm of new faces every two years, starting on the first Inauguration Day after the bill passes.

The Bench’s New Division of Labor

Under this plan, the Court would essentially be split into two tiers. While the bench would have at least nine members, only the nine most recently appointed justices would be allowed to hear "appellate jurisdiction cases"—the high-profile appeals that make up the bulk of the Court's work (Sec. 2). The older, more senior justices wouldn't be fired; they would still hear "original jurisdiction cases" (like disputes between states) and keep their other judicial powers, but they’d effectively step back from the most influential legal rulings. Think of it like a professional sports team where veterans stay on the roster to mentor and handle specific plays, but the newest nine starters take the field for the championship games.

Capping the Court at 18

To keep the bench from growing forever, the bill sets a ceiling. The President is barred from appointing new justices once the number of "senior" justices—those no longer hearing the big appeals—reaches nine. This effectively caps the total number of justices at 18 (Sec. 2). For everyday people, this means the ideological makeup of the Court could shift more frequently and predictably. If you’re a small business owner or a worker following a major labor case, you wouldn't be waiting decades for a shift in the Court's perspective; the math ensures the "active" nine justices are always the most recent picks from the last several presidential terms.

Vacancies and the Safety Net

Life happens, and the bill accounts for that. If a justice dies or retires and the total count drops below nine, the President has to move immediately to fill that seat to get the numbers back up (Sec. 2). There’s also a "severability" clause (Sec. 4), which is legal insurance: if a court strikes down one part of this law (like the 18-justice cap), the rest of the rules—like the every-two-year appointment schedule—stay in place. While this aims to lower the political temperature of "emergency" vacancies, it also cements the appointment process as a permanent, recurring part of the political calendar every two years.