Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Supreme Court confirmation process
Explainer: The Supreme Court confirmation process
Dec 30, 2025 5:27 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
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 145:1-9   (Read Psalm 145:1-9)   Those who, under troubles and temptations, abound in fervent prayer, shall in due season abound in grateful praise, which is the true language of holy joy. Especially we should speak of God's wondrous work of redemption, while we declare his greatness. For no deliverance of the Israelites, nor the...
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 5:1-5   (Read Romans 5:1-5)   A blessed change takes place in the sinner's state, when he becomes a true believer, whatever he has been. Being justified by faith he has peace with God. The holy, righteous God, cannot be at peace with a sinner, while under the guilt of sin. Justification takes away the...
Verse of the Day
  1 Timothy 6:17-19 In-Context   15 which God will bring about in his own time-God, the blessed and only Ruler, the King of kings and Lord of lords,   16 who alone is immortal and who lives in unapproachable light, whom no one has seen or can see. To him be honor and might forever. Amen.   17 Command those who are rich...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Peter 4:7-11   (Read 1 Peter 4:7-11)   The destruction of the Jewish church and nation, foretold by our Saviour, was very near. And the speedy approach of death and judgment concerns all, to which these words naturally lead our minds. Our approaching end, is a powerful argument to make us sober in all worldly...
Verse of the Day
  Malachi 2:2 In-Context   1 And now, you priests, this warning is for you.   2 If you do not listen, and if you do not resolve to honor my name, says the Lord Almighty, I will send a curse on you, and I will curse your blessings. Yes, I have already cursed them, because you have not resolved to honor me....
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:7-13   (Read 1 John 4:7-13)   The Spirit of God is the Spirit of love. He that does not love the image of God in his people, has no saving knowledge of God. For it is God's nature to be kind, and to give happiness. The law of God is love; and all...
Verse of the Day
  Ephesians 3:16-19 In-Context   14 For this reason I kneel before the Father,   15 from whom every familyThe Greek for family (patria ) is derived from the Greek for father (pater ). in heaven and on earth derives its name.   16 I pray that out of his glorious riches he may strengthen you with power through his Spirit in your inner...
Verse of the Day
  Isaiah 40:8 In-Context   6 A voice says, Cry out. And I said, What shall I cry? All people are like grass, and all their faithfulness is like the flowers of the field.   7 The grass withers and the flowers fall, because the breath of the Lord blows on them. Surely the people are grass.   8 The grass withers and the...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Timothy 1:12-17   (Read 1 Timothy 1:12-17)   The apostle knew that he would justly have perished, if the Lord had been extreme to mark what was amiss; and also if his grace and mercy had not been abundant to him when dead in sin, working faith and love to Christ in his heart. This...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 27:7-14   (Read Psalm 27:7-14)   Wherever the believer is, he can find a way to the throne of grace by prayer. God calls us by his Spirit, by his word, by his worship, and by special providences, merciful and afflicting. When we are foolishly making court to lying vanities, God is, in love to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved