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S. 461Senate117th Congress (2021-2023)Introduced

A bill to create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced February 25, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:18 PM UTC

The bill creates a procedural rule in the Senate that blocks any legislation attempting to change the number of justices on the U.S. Supreme Court. It makes such proposals subject to a point of order, meaning they cannot be debated or voted on unless the Senate votes to waive the rule. The rule also applies to related conference reports and House amendments, and it can only be overridden by a two‑thirds majority of Senators.

Key Provisions

  • Establishes a point of order that bars consideration of any bill, joint resolution, amendment, or conference report that would modify the total number of Supreme Court justices.
  • If the point of order is sustained, the offending provision is removed from the measure and cannot be offered again as an amendment.
  • Applies the same rule to conference reports and House amendments, requiring stricken material to be removed and limiting further amendments.
  • Waiving or appealing the point of order requires an affirmative two‑thirds vote of the Senate.

Legislative Activity

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2 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 7.

March 1, 2021

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SenateIntro Referral

Introduced in Senate

February 25, 2021

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

February 25, 2021

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 7.

March 1, 2021

Floor Debate

2 members

What members said about S. 461 on the floor

2 Democrats
Charles E. Schumer
Sen. Charles E. SchumerD-NY · Mar 1, 2021

Madam President, I understand there are two measures at the desk due for a second reading en bloc. Madam President, in order to place the bills on the calendar under the provisions of rule XIV, I…

Record
Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Feb 25, 2021

Mr. President, I understand that there are two measures at the desk, and I ask for their first reading en bloc. Mr. President, I now ask for a second reading, and I object to my own request, all en…

Record

Bill Text

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Placed on Calendar SenateIssued March 1, 2021

II

Calendar No. 7

117th CONGRESS

1st Session

S. 461

IN THE SENATE OF THE UNITED STATES

February 25, 2021

Mr. Cruz (for himself, Mr. Wicker, Mrs. Hyde-Smith, Mr. Marshall, Mr. Boozman, Mr. Hagerty, Mr. Cassidy, Mr. Lee, Mr. Scott of Florida, Mr. Cotton, Mr. Daines, Ms. Ernst, Mr. Kennedy, Mr. Barrasso, and Mr. Inhofe) introduced the following bill; which was read the first time

March 1, 2021

Read the second time and placed on the calendar

A BILL

To create a point of order against legislation modifying the number of Justices of the Supreme Court of the United States.

1.

Point of order against legislation modifying the number of Justices of the Supreme Court of the United States

(a)

Point of order

(1)

In general

In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report amending section 1 of title 28, United States Code, to modify, or that otherwise modifies, the total number of Justices of the Supreme Court of the United States.

(2)

Point of order sustained

If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.

(b)

Conference reports

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (a)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

(c)

Supermajority waiver and appeal

In the Senate, this section may be waived or suspended only by an affirmative vote of two-thirds of the Members, duly chose and sworn. An affirmative vote of two-thirds of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

March 1, 2021

Read the second time and placed on the calendar