Since Kennedy retired, you’ve likely been hearing a lot in the news about the recent SCOTUS nomination and might even have some strong opinions on the matter. Lesser known, however, are the various stages of the confirmation process itself.
Here’s a quick breakdown of the process – from nomination through confirmation:
- First, the president compiles a list of potential nominees, often narrowing it down to a select few. Then the president officially announces the nominee.
- That nominee is then referred to the United States Senate for a hearing by the Senate Judiciary Committee. The wait between nomination and hearing (the prehearing stage) varies dramatically from nominee to nominee.
- During the prehearing stage, the ABA’s Standing Committee on the Federal Judiciary reviews the nominee, ultimately rating a nominee “well qualified,” “qualified,” or “not qualified.”
- The Senate Judiciary Committee then holds a hearing in which the nominee answers the Committee’s questions. The hearing can take several days and touches upon a variety of topics. At the conclusion of the hearing, the Committee then puts the nominee to floor of the Senate for a full vote, with or without a specific recommendation.
- Typically, there is also a document review, where Senators can request the records (such as White House records) of the nominee. This process can take several months.
- Finally, the Senate will vote on whether to confirm the nominee. The number of votes required is 51 (this is a recent change).
For more details, read the full article. Don’t forget to check out Lawline’s annual SCOTUS Week this November (along with other SCOTUS programs available now).
A Breakdown of the SCOTUS Confirmation Process #sponsored curated from Above the Law
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