Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Is there enough time to confirm a Supreme Court nominee before the election?
Explainer: Is there enough time to confirm a Supreme Court nominee before the election?
Aug 15, 2025 8:00 AM

The prospect of appointing a Supreme Court justice so close to a presidential election has roiled political discourse. Is such a move unprecedented? Is it even possible? Here are the facts you need to know.

Background

Supreme Court Justice Ruth Bader Ginsburg died on September 18, just 46 days before the presidential election on November 3. President Donald Trump has said he will fill the vacancy, “most likely” with a female, naming his nominee at a press conference on Saturday at 5 p.m. EDT.

Who will President Donald Trump nominate to the Supreme Court?

The leading candidates are Amy Coney Barrett and Barbara Lagoa, with Allison Jones Rushing as a darkhorse candidate. Other women on President Trump’s 2020 list of potential Supreme Court nominees include Sarah Pitlyk, Joan Larsen, Martha Pacold, Britt Grant, Allison Eid, Kate Todd, Margaret Ryan, and Bridget Bade.

Is it possible to confirm a Supreme Court nominee in so little time?

The timeline is short but not unprecedented. The Senate confirmed Ruth Bader Ginsburg 42 days after her nomination by President Bill Clinton. The Senate gave Ginsburg near-unanimous support after four days of confirmation hearings, which featured the expert testimony of Kay Coles James (now the president of the Heritage Foundation) describing RBG’s “philosophy of judicial activism, most notably with regard to abortion” – a description that proved apt.

How long does the Senate usually deliberate before voting for a Supreme Court justice’s confirmation?

Since the court’s more contentious era began with Robert Bork’s nomination in 1987, the average time between the first day of Senate confirmation hearings and the Senate confirmation vote is 30 days. (These are calendar days, not Senate working days; congressional recesses prolonged certain nominations. The third column includes the number of calendar days between formal nomination and confirmation/rejection.)

Here are the raw data:

Nominee Days of Senate deliberation Total days
Robert Bork 39 days of Senate deliberation 106 days total
Anthony Kennedy 52 days of Senate deliberation 66 days total
David Souter 41 days of Senate deliberation 69 days total
Clarence Thomas 36 days of Senate deliberation 100 days total
Ruth Bader Ginsburg 15 days of Senate deliberation 43 days total
Stephen Breyer 18 days of Senate deliberation 74 days total
John Roberts 17 days of Senate deliberation 63 days total
Samuel Alito 23 days of Senate deliberation 83 days total
Sonia Sotomayor 25 days of Senate deliberation 67 days total
Elena Kagan 39 days of Senate deliberation 88 days total
Neil Gorsuch 91 days of Senate deliberation 66 days total
Brett Kavanaugh 33 days of Senate deliberation 89 days total

A 2020 Supreme Court nomination could take place under this time line.

To provide greater specificity:

Robert Bork was nominated by President Ronald Reagan on July 7, 1987, to replace Justice Lewis Powell Jr. The Senate held 12 days of confirmation hearings for Bork from September 15-30, 1987. The Senate denied Bork a seat on the Supreme Court by a vote of 58-42 on October 23, 1987. The phrase “Borking” entered the political lexicon, as the public square devolved to the new norm of demonizing Supreme Court nominees.

Anthony Kennedy was nominated by President Ronald Reagan on November 30, 1987, to replace Justice Lewis Powell Jr. The Senate held three days of confirmation hearings for Kennedy from December 14-16, 1987, before adjourning for the holiday recess. The Senate confirmed Kennedy by a vote of 97-0 on February 2, 1988. As of this writing, Kennedy is the last justice to be confirmed unanimously, 32 years ago.

David Souter was nominated by President George H.W. Bush on July 25, 1990, to fill the seat of Justice William Brennan. The Senate held five days of confirmation hearings for Souter from September 13-19, 1990. The Senate confirmed Souter by a vote of 90-9 on October 2, 1990.

Clarence Thomas was nominated by President George H.W. Bush on July 8, 1991, to fill the seat of Justice Thurgood Marshall. The Senate held five days of confirmation hearings for Thomas from September 10-16, 1991. However, sexual harassment allegations by Anita Hill touched off a second set of confirmation hearings from October 11-13. The Senate confirmed him by a vote of 53-48 on October 15, 1991.

Ruth Bader Ginsburg was nominated by President Bill Clinton on June 22, 1993, to fill the seat of Justice Byron “Whizzer” White. The Senate held four days of confirmation hearings for Ginsburg from July 20-23, 1993. The Senate confirmed Ginsburg by a vote of 96-3 on August 3, 1993.

Stephen Breyer was nominated by President Bill Clinton on May 17, 1994, to fill the seat of Justice Harry Blackmun. The Senate held four days of confirmation hearings for Breyer from July 12-15, 1994. The Senate confirmed Breyer by a vote of 87-9 on July 29, 1994. As of this writing, Breyer is the last justice to have been confirmed with less than 10 votes cast in opposition, 26 years ago.

Chief Justice John Roberts was nominated to fill the seat of Justice Sandra Day O’Connor on July 29, 2005, but President George W. Bush withdrew his nomination on September 6, 2005; the same day, Bush named Roberts to succeed Chief Justice William Rehnquist. The Senate held four days of confirmation hearings for Roberts from September 12-15, 2005. The Senate confirmed Roberts by a vote of 78-22 on September 29, 2005.

Samuel Alito was nominated by President George W. Bush on November 10, 2005, to fill the seat of Justice Sandra Day O’Connor. After the intervening holiday recess, the Senate held five days of confirmation hearings for Alito from January 9, 2006. The Senate confirmed Alito by a vote of 58-42 on January 31, 2006.

Sonia Sotomayor was nominated by President Barack Obama on June 1, 2009, to fill the seat of Justice David Souter. The Senate held four days of confirmation hearings for from July 13-16, 2009. The Senate confirmed Sotomayor by a vote of 68-31 on August 6, 2009.

Elena Kagan was nominated by President Barack Obama on May 10, 2010, to fill the seat of Justice John Paul Stevens. The Senate held four days of confirmation hearings for Kagan from June 28-July 1, 2010. The Senate confirmed Kagan by a vote of 63-37 on August 5, 2010.

Neil Gorsuch was nominated by President Donald Trump on February 1, 2017, to fill the seat of Justice Antonin Scalia. The Senate held four days of confirmation hearings for Gorsuch from March 20-23, 2017. The Senate confirmed Gorsuch by a vote of 54-45 on April 7, 2017.

Brett Kavanaugh was nominated by President Donald Trump on July 10, 2018, to fill the seat of Justice Anthony Kennedy. The Senate held four days of confirmation hearings for Kavanaugh from September 4-7, 2018. The Senate convened another one-day hearing on September 27 to discuss allegations that Kavanaugh engaged in sexual misconduct against Christine Blasey Ford when he was a minor. Sen. Jeff Flake, R-Ariz., demanded an additional one-week delay for the FBI to investigate Kavanaugh. The Senate confirmed Kavanaugh by a vote of 50-48 on October 2, 2018.

es to a total of 357 calendar days of Senate deliberations between the confirmation hearings and the vote for 12 nominees, or an average of 29.75 days per nominee.

How does pare to the 2020 election?

There are 39 days between Monday, September 28 and election day 2020.

Has any part of the confirmation process changed during this time?

The confirmation process has e streamlined since 2017. In November 2013, then-Senate Majority Leader Harry Reid effectively eliminated the filibuster for judicial nominees except Supreme Court nominees. This lowered the vote necessary to end debate and proceed to a vote, known as cloture, from 60 votes to 51. In 2017, Majority Leader Mitch McConnell applied that rules to Supreme Court justices beginning in April 2017. One would expect confirmations to take less time as a result.

Bottom line: Beginning the Senate confirmation hearings expeditiously would give senators the same amount of time to deliberate about the nominee’s answers as usual – longer than some, including the late Ruth Bader Ginsburg.

domain.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Profile of an Acton University Attendee
Acton University 2015 Participants After working in the DC area for nearly twenty years, Judi Niedercorn recently moved to the Northern Appalachian area of New York where she founded the Northern Appalachian Socio-Economic Collaborative (NASEC) and is in the midst of transferring pany, SysTactics. pany, SysTactics provides technical and managerial consulting services mercial and government clients. NASEC is a non-profit enabling munities of Cattaraugus and Allegany Counties in New York to improve the economy and fight poverty. NASEC is a...
A Testimony of Conscience and Conviction in the Workplace
Hands On Originals is a small pany in Lexington, Kentucky, that, up until recently, had very few problems when they declined to print a certain message. Last year, however, the owner, Blaine Adamson, was found guilty of discrimination by a Lexington human mission for refusing to print T-shirts for a local gay pride festival. missioners ordered that Adamson must violate his conscience, and further, must participate in diversity training to be conducted by mission. Fortunately, this story has a happier...
Greece: By The Numbers
Greece’s economic problems are so prehension is difficult. Over at NPR, Greg Myre breaks it down for us. 25: The unemployment rate, and that’s probably low-balling. For those under the age of 25, the unemployment rate hovers around 50 percent. 92: The average e earned by a typical citizen is under-reported by 92 percent, on average, to the government. Tax evasion is endemic in Greece and a major contributor to the government’s budget shortfalls. Creditors are demanding this be addressed...
Does Buying Fair Trade Goods Help Poor Workers?
Over the past decade, fair trade products, such as coffee, chocolate, and fruit, have e an increasingly popular option for helping the global poor. But while the intentions are noble, does buying fair trade have the intended effect? Does it actually help the poorest workers? Economist Donald Boudreaux explains why it usually doesn’t, and why there are better ways to improve living standards in developing countries. ...
Does ‘Laudato Si’ Lead Inevitably to Fossil Fuel Divestment?
The unfortunate fallout of Pope Francis’ encyclical Laudato Si continues apace. One wishes the pontiff would’ve released it in four separate installments to avoid misinterpretation and seeming – to this reader, at least – contradictions throughout a somewhat unwieldy 180-some pages in which he alternately praises and disparages human technological improvements over the past two centuries. On one hand, he admires mankind’s ingenuity as an example of God’s blessing, but, on the other hand, he doth protest too much methinks...
CRC Leadership on Climate Change
Would the denominational leadership of the Christian Reformed Church (CRCNA) rather talk about climate change than abortion or marriage? The CRCNA has a website for that. Based on the launch of a denominational “Climate Change Witness Project,” which I explore at Acton Commentary today, I think thisis a legitimate question. The Office of Social Justice, which is leading the project, has previously been criticized by synod for its lack of attention to life issues. A quick scan of the quarterly...
Five fundamental First Amendment freedoms in five minutes
Thirty-three percent of Americans cannot name any of the rights guaranteed by the First Amendment. That’s a startling finding in the 2015 State of the First Amendment Survey, a project sponsored by the Newseum Institute. Since the question was first asked in 2000, the percentage of citizens who can’t name a single right protected by First Amendment has ranged from 27 to 40 percent. Many of us might be tempted to shake our head in despair at the ignorance of...
Greece, America, and the Pension Tipping Point
“Massive government and public-sector bined with runaway deficit spending on increased welfare and pension programs has, in part, led to Greece’s economic downfall,” says Zack Pruitt in this week’s Acton Commentary. Could America be heading down the same path? While America does not have the same problems collectively as Greece, similar pension debt vulnerabilities are arising across the country. Unfunded state public pension liabilities (the shortfall between promises made to retirees and workers and the funds currently available to pay...
Walker: ‘Praised be technology’
In today’s Morning Sun, Bruce Edward Walker writes about the eco-encyclical’s short-sightedness when es to the merits of technological advancement. To be fair, much of Laudato Si dispenses with progressive calls for population control bat climate change, and goes to great lengths to reiterate Catholic doctrine on abortion and euthanasia and even includes a portion on human ecology wherein Francis discusses natural law regarding gender identity. Rather than wading into the muddy waters of climate-change hype, which, in any event,...
The Economy of Order: Justice Requires Love
Jean Valjean in “Ep. 4: The Economy of Order” “Seeking justice isn’t a matter of designing the right programs or delivery systems… Seeking order means acting in accord with a true vision of our brothers and sisters.” –Evan Koons American society and public discourse seem to be stuck in a state of feverish discord, rightly concerned with severe acts and systems of injustice, even as we continue to dig deeper cultural divides over everything from healthcare to sexual ethics, race...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved