Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Supreme Court confirmation process
Explainer: The Supreme Court confirmation process
Dec 28, 2025 4:12 PM

Today, the Senate Judiciary Committee is hearing allegations against Supreme Court nomineeJudge Brett Kavanaugh. This is likely to be the final stage in the process the will either approve or disapprove his appointment to the Court. Here is what you should know about the confirmation process.

What does Supreme Court confirmation entail?

According to the U.S. Constitution, federal judges—including Justices of the U.S. Supreme Court—are appointed by the president with the advice and consent of the U.S. Senate.

Although the process is not outlined in the Constitution, the determination of whether the judicial nominee is accepted by the Senate iscarried out by the Senate Judiciary Committee. mittee assumes the principal responsibility for investigating the background and qualifications of each Supreme Court nominee.

Since the late 1960s, the Judiciary Committee’s consideration of a Supreme Court nominee almost always has consisted of three distinct stages—(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) mittee decision on what mendation to make to the full Senate.

What happens during the a pre-hearing investigative stage?

During the pre-hearing investigative stage, the nominee responds to a detailed Judiciary Committeequestionnaire for the nominee. The FBI also investigates the nominee and provides mittee with confidential reports related to its investigation. During this time, the American Bar Association also evaluates the professional qualifications of the nominee, rating the nominee as “well qualified,” “qualified,” or “not qualified.” (Kavanaugh was rated “well qualified.”) Prior to mittee hearings, the nominee may also meet with any or all individual Senators. After the investigation, the Judiciary Committee holds its public hearings.

What happens during the public hearings?

Since 1955, Court nomineestestify in person before the Senate Judiciary Committee.

After opening remarks by the chair of the Judiciary Committee, other members follow with opening statements, and a panel of “presenters” introduces the nominee to mittee. The nominee is given the opportunity to make an opening statement and then begins taking questions.

Typically, the chair begins the questioning, followed by the ranking minority Member and then the rest of mittee in descending order of seniority, alternating between majority and minority members, with a uniform time limit for each Senator during each round. When the first round of questioning has pleted, mittee begins a second round, which may be followed by more rounds, at the discretion of mittee chair

What types of questions can be asked during the hearing?

The Senate can generally ask whatever they want, though thequestions are usually aboutthe nominee’s background and qualifications, judicial philosophy, past decisions as a judge, or views on current controversies.

A nominee can’t pelled to answer, and many refuse ment on issues that e up during their tenure on the Court.

How long does the hearing last?

For the most recent Supreme Court nominees, the hearings have lasted for four or five days. The longest hearing in the past 50 years was the failed nomination of Judge Robert Bork, which lasted 11 days.

What happens after the hearing?

After hearing the testimony of the nominee, the Judiciary Committee meets in open session to determine what mendation to report to the full Senate. mittee may (1) report the nomination favorably, (2) report it negatively, or (3) make no mendation at all on the nomination. A report with a negative mendation or no mendation permits a nomination to go forward, while alerting the Senate that a substantial number mittee members have reservations about the nomination.

The full Senate then votes on whether to accept or reject the nominee. Ifthe nominee is rejected, the President selects a new nominee and the process begins anew.

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
Bruce Wayne and the Tragedy of Ineffective Compassion
A few weeks ago in connection with Batman v. Superman: Dawn of Justice,I looked at Lex Luthor as the would-be crony capitalistüber Alles, and pointed to Bruce Wayne along with Senator Finch as the economic and political counterpoints to such corruption, respectively. In this week’s Acton Commentary, Daniel Menjivar looks more closely at Bruce Wayne as representative of aristocratic virtue, the capitalist hero to Luthor’s crony capitalist villain. And while, as Menjivar concludes, “In cape and cowl he is a...
Does Free Trade Between Texas and California Cost Jobs?
There is something about an election year that causes otherwise rational people to lose all economic sense. Take, for example, the issue of free trade. The opposition to free trade on both sides of the politial spectrum is baffling. Yet progressives seem particularly confused, seeming to hold two opposing views on trade at the same time. “Have you ever wondered if you are a progressive?” asks economist Scot Sumner. e up with a two-part test. If you believe in both...
Bruce Wayne: A Capitalist Superhero
“The real hero of the recently released Batman v. Superman film is an often overshadowed character, Bruce Wayne,” says Daniel Menjivar in this week’s Acton Commentary. “Batman’s alter ego, Bruce Wayne is the CEO of Wayne Enterprises and the hero that Gotham, and in the case of this film, Metropolis needs too. Bruce Wayne is, in fact, a capitalist superhero.” In an opening scene, we find Wayne landing in the city of Metropolis as Superman and General Zod battle in...
C.S. Lewis on the Reality of the Moral Law
On the short list of the most enduring Christian books of the twentieth century is C.S. Lewis’s Mere Christianity. The book originated from a series of radio lectures that aired on the BBC during World War II. A YouTube channel called CSLewisDoodle contains a number of videos that illustrate some of Lewis’s selected essays to make them easier to understand. In this video, Lewis talks about the reality of the universal natural law. ...
State Department Identifies ‘Countries of Particular Concern’ on Religious Freedom
In 1998, the U.S. took an important step in promoting religious freedom as a foreign policy objective with the passage of the International Religious Freedom Act of 1998 (IRF Act). Designed to “strengthen United States advocacy on behalf of, individuals persecuted in foreign countries on account of religion,” the law authorized “actions in response to violations of religious freedom in foreign countries.” The act also requires that that Secretary of State identify “countries of particular concern,” a designation reserved for...
Sirico: ‘Christianity safeguards balance of anthropology between social, individual’
Rev. Robert A. Sirico, second from left, takes time to chat with participants at the April 20 Rome conference “Freedom with Justice: Rerum Novarum and the New Things of Our Time” French journalist Solène Tadiépublished an exclusive interview today with Rev. Robert A. Sirico: “Entretien avec le père Robert Sirico pour le 125e anniversaire de l’encyclique Rerum Novarum“. Rev. Sirico was in Rome as thefinal speaker at Acton’s April 20 Rome conference “Freedom with Justice: Rerum Novarum and the New...
5 Reasons Millennials Should Support ‘Capitalism’
A recent national survey by the Harvard Institute of Politics finds that a majority of Millennials (18- to 29-year olds) do not support capitalism as a political theory. One-third of them, however, do support socialism. As a rule, I try not to put too much stock in such surveys because opinion polls make us dumb. But it’s e obvious that a significant portion of younger American are truly so under-educated that they truly believe socialism is preferable to capitalism. Perhaps...
Radio Free Acton: Raymond Arroyo on Mother Angelica and the Power of Story
Raymond Arroyo of EWTN speaks at the 2016 Acton Lecture Series It was a pleasure to host Raymond Arroyo, host of EWTN’s The World Over, as part of the Acton Lecture Series on April 14th, and on today’s edition of Radio Free Acton, we’re pleased to bring you a conversation between Raymond Arroyo and Acton Institute President Rev. Robert A. Sirico. Over the course of their wide-ranging discussion, they talk about the life and legacy of EWTN Founder Mother Angelica,...
Chobani’s CEO on the Art of Executive Stewardship
As politicians continue to decry the supposed “greed” of well-paid investors, business leaders, and entrepreneurs — promoting a variety of reforms that seek to mandate minimums or cap executive pay — pany is demonstrating the value of economic freedom and market diversity. Chobani, a privately ownedgreek yogurtmanufacturer,recentlyannounced it will be giving a 10% ownership stake to its roughly 2,000 full-time workers,a move that couldresult in hundreds of thousands, if not millions, of dollars for someemployees. According to the New York...
Work and Eternity
A distinctive of neo-Calvinism, that movement associated with a late-nineteenth century Dutch revival of Reformational Christianity in the Netherlands, is its focus in emphasis if not also in substance not only on individuals but also on institutions. As Richard Mouw puts it, “At the heart of the neo-Calvinist perspective on cultural multiformity is an insistence that the redemption plished by Christ is not only about the salvation of individuals—it is the reclaiming of the whole creation.” This holistic perspective has...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved