Every four years, on January 25 following the inauguration of the President, the two longest-serving Associate Justices or Justices of the Supreme Court shall retire from active service on the Supreme Court and assume retired status. Service time shall be calculated from the date of commission to the Supreme Court. In the event of equal tenure, seniority shall be determined by the earlier commission date; if commission dates are the same, by the earlier date of Senate confirmation.
Justices retiring under this Article shall retain the constitutional compensation protections and may, consistent with statute, be assigned judicial duties on inferior federal courts or sit by designation, but shall no longer participate in Supreme Court cases except as provided by law in matters of administrative governance. Nothing in this Article shall be construed to diminish the independence of the judiciary.
Upon each retirement under Section 1, vacancies shall occur and be filled pursuant to the Appointments Clause (Article II, Section 2), by nomination of the President and confirmation by the Senate. Nothing in this Article alters the Senate’s advice-and-consent role.
Vacancies caused by death, resignation, removal, or disability are unaffected by this Article and shall be filled in the ordinary course. The scheduled retirements under Section 1 occur irrespective of other vacancies and do not reduce the number of retirements required.
(a) This Article shall take effect on January 25 following the first presidential inauguration occurring at least six months after ratification.
(b) For the first two retirement cycles after ratification, a Justice who has served fewer than six years on the Supreme Court as of the effective January 25 shall be excluded from consideration for mandatory retirement; if necessary, the next most senior Justice shall be selected to ensure two retirements occur.
(c) No Justice shall be required to retire more than once under this Article.
Congress may enact appropriate legislation to carry this Article into execution, including rules for calculating service, temporary designations, and administrative procedures. If any provision of this Article is held invalid, the remaining provisions shall remain in force to the maximum extent permitted.