Senior justices

Section 294 of title 28, United States Code, is amended— (1) in subsection (d), by striking the period at the end and inserting except as provided by subsection (e).; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) In the event that the number of justices of the Supreme Court falls below that provided in section 1 due to vacancy, disability, or disqualification, a justice of the Supreme Court who has retired from regular active service under section 371 but retained their office shall be chosen by the Chief Justice through a publicly transparent and randomized process to serve as an associate justice until the number of justices who have not retired from regular active service equals that provided in section 1..