9 Steps to a New Supreme Court Justice

Author: Joel W. Baar
Date: 07/13/2009

With the retirement of Supreme Court Justice David Souter and the nomination of Judge Sonia Sotomayor as his replacement, a quick civics lesson might be helpful in understanding the role of the President and the Senate in the nomination and confirmation of new Supreme Court Justices.
Article II section 2, clause 2 of the Constitution states that the President 'shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court...' The process is typically as follows:
1. The President privately consults with key Senators and advisors to put together a 'short list’ of candidates.
2. The President and advisors interview the candidates.
3. The President privately selects the nominee. If the nominee accepts a formal announcement is made.
4. The nomination is sent to the Senate Judiciary Committee for consideration.
5. The Senate holds hearings on the nominee (since 1925.)
6. The Senate Judiciary Committee votes on the nomination and sends its recommendation (to confirm, reject or no recommendation) to the full Senate.
7. The full Senate debates the nomination.
8. The Senate votes on the nomination. A simple majority of the voting Senators is required for the nominee to be confirmed.
9. If confirmed, the nominee is sworn in as a Supreme Court Justice.
Since 1789, 28 of the 158 nominations to the Supreme Court have been rejected or withdrawn. The most recent rejection of a candidate was Robert Bork. Harriet Myers was the most recent nominee to withdraw as a candidate.