The Amendment

The Text of the Amendment:
  1. The Supreme Court shall consist of not more than thirteen Justices.
  2. The Justice with the longest cumulative tenure shall be the Chief Justice. In the event of a tie, the elder shall be the Chief Justice.
  3. Each year three States, selected in sequential alphabetical order, shall each appoint one Justice to the Supreme Court.
  4. The appointment shall be made by the State Governor and ratified by the State Legislature.
  5. If a State fails to appoint a Justice within thirty days, that State shall forfeit its turn to the next eligible State such that three States nonetheless each appoint one Justice in a given year.
  6. A currently sitting or retired Supreme Court Justice may be appointed by a State. In this event, that Justice's current tenure will be reset to zero and the Justice's cumulative tenure will continue to accrue.
  7. In the event that the number of Supreme Court Justices exceeds thirteen, the Justice or Justices with the greatest current tenure shall be retired. In the event of a tie, the elder shall be retired.
  8. Upon adoption of this Amendment, the senior Senator from each State shall select the first State to appoint a Supreme Court Justice by a method of random chance performed on the Senate floor. Thereafter the States shall continue to be selected in alphabetical order.

Humbly submitted to the Governors of these United States, and any other interested parties, for what is hoped to be vigorous debate and ultimate adoption,

Richard Durbin