Supreme Court Appointments: Understanding How the Process Works
As the highest federal court in the United States, the U.S. Supreme Court plays a pivotal role in the nation’s legal system. The process to appoint Supreme Court Justices is a complicated yet essential one, as it is essential that American citizens have faith in this entity and the people chosen to serve on it. In the following article, we’ll explore the United States Supreme Court appointment process and gain a better understanding of how it works.
History of Appointment Selection
The process for selecting Supreme Court Justices wasn’t always the same. In 1789, when the US Supreme Court was initially established, the President had sole authority to appoint the members of the court. Since then Article II of the US Constitution has evolved and now outlines the process in more detail.
The Role of Senate Confirmation
Although the President is ultimately responsible for nominating justices to the high court, they must undergo a rigorous process before they can take their position. This process is called Senate confirmation. The Senate Judiciary Committee must evaluate the President’s nominee to determine whether they are qualified for the role.
Additionally, the Senate Judiciary Committee is responsible for drafting a report and submitting it to the Senate. This report includes information about the nominee and their qualifications, along with any questions that require further deliberation. The full Senate then votes on whether to confirm the nomination.
Factors That May Impact Confirmation
One important element of the Supreme Court appointment process is the balance of ideological views across the full court. With nine justices making up the court, five must agree for any decision to pass. This means that it is important for the President to select a nominee that complements the ideologies of the other eight justices to ensure that the power remains balanced.
The President must also consider the nominee’s judicial record when making a selection, as the Supreme Court plays a significant role in interpreting the law. Their nominee must have a strong legal background and the knowledge needed to interpret the US Constitution and create just rulings. Presidential candidates and the Senate may also consider other factors such as geographical diversity and gender when making their selection.
At the end of the day, the President must put forth a candidate that they believe can fairly and adequately represent and reflect American citizens while also providing an unbiased interpretation of the law.
The Timeline of Appointments
The Supreme Court appointment process typically begins at the start of a President’s term and concludes when the Senate confirms their chosen nominee. Upon congressional adjournment, the Supreme Court might experience a vacancy in its nine-judge court, and the nomination process will begin in earnest.
As soon as a potential vacancy is identified, the Department of Justice will conduct detailed research to compose a list of potential nominees that meet the President’s criteria. This list will contain candidates from all over the country and is compiled from similar positions such as district court judges, state supreme court justices, and other political officials.
After the President has made their nomination, the Senate Judiciary Committee holds hearings to evaluate the candidate’s qualifications and their potential for impartial rulings. The hearings consist of a series of questions from the Senate Judiciary Committee members, who then draft and approve a report for the full Senate. The Senate holds a full vote to decide whether to confirm the nomination. This vote requires a majority of the total Senate members, at least 51 votes, in order to confirm the nomination.
Once the nomination is confirmed, the Chief Justice of the Supreme Court administers the oath of office to the nominee, and they can begin to serve on the highest federal court.
Abbreviated Appointment Process
While the Supreme Court appointment process has remained mostly unchanged over the years, there have been cases in which the process was abbreviated due to certain events. This was the case when Justice Anthony Kennedy retired in 2018. In anticipation, the Department of Justice had already compiled a list of potential nominees for the President to consider after Kennedy’s retirement was officially announced. This expedited the process, and the President’s nominee, Brett Kavanagh, was confirmed by the Senate in a 50-48 vote.
In spite of the shortened timeline, the abbreviated process followed the standard Senate confirmation process. Kavanaugh underwent a thorough review and was approved by a bare majority, the same as if the timeline had been longer.
Impact of Recent Appointments
President Trump has appointed two Supreme Court Justices during his first term in office, Neil Gorsuch and Brett Kavanaugh. As of October 2020, the court is consisted of five conservative-leaning justices and four more liberal-leaning justices. This majority of conservative justices has made an impact on several cases, such as a 2020 ruling that allowed employers to deny certain reproductive healthcare to their employees.
This 5–4 decision is an example of the impact that Supreme Court appointments can have. Ultimately, it is highly important that the process of selecting these justices is intentional and thorough enough to ensure that the Supreme Court remains a respected branch of American government.
The power of the United States Supreme Court is well known, as the nine justices on the court have the ability to interpret the law and make history with a single ruling. For this reason, it is of the utmost importance that individuals appointed to the highest federal court be competent and capable. We hope this article has provided a better understanding of the Supreme Court appointment process and its components.
