Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Supreme Court confirmation process
Explainer: The Supreme Court confirmation process
Dec 9, 2025 11:36 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
3 things to understand about President George H. W. Bush
There are few men who define an era, a school of thought or anything of the sort. There are even in smaller numbers those who, once dead, give us a feeling that along with them a whole es to an end. It seems to me that this is the correct reading of the death of the 41st president of the United States (1989-1993). With George H. Bush, we have lost not only a man but a style and a special...
6 Quotes: George H.W. Bush on freedom and economic liberty
President George H.W. Bush died on Friday at the age of 94. Bush became a war-hero and earned a degree in economics from Yale before entering into a career that made him one of the greatest statesmen ofthe twentieth century. Throughout his life Bush was a champion of freedom—for individual, for markets, and for nations. Here are six of Bush’s most important quotes onfreedom and economic liberty: On the misuse of the terms freedom and liberty: “No terms have been...
Catherine of Siena: negotiator, savior of Rome
Why would a lay Dominican woman from the so-called “dark ages” have any lasting relevance in today’s world? For one reason, Catherine of Siena, was no ordinary woman. And she eventually became no ordinary saint. She was the saint of “burning love” for her passionate sense of service, reform and justice. It was St. Catherine who famously said: “Be who God meant you to be, and you will set the world on fire.” Her infectious magnanimity and heroic life of...
Avoiding ‘beepocalypse’: What beekeeping entrepreneurs teach us about stewardship
Over the past decade, we have received many resounding warnings of an impending “beepocalypse”—and for good reason. Honeybee mortality rates have spiked and scientists are still struggling to pinpoint the cause, posing a range of environmental concerns and putting many important crops at risk. According to the U.S. Department of Agriculture, bees add $15 billion in annual revenue to the economy. Yet amid the increase in bee mortality—attributed to something called colony collapse disorder (CCD)—the country’s beekeeping entrepreneurs have quietly...
The Trump tariffs hurt the poor, increase unemployment, and will cost you $915 a year
Would you like the federal government to implement a policy that would reduce GDP, increase unemployment, benefit almost every country in the world except for the U.S., and cost you $915 a year? If so, you’re in luck! Those are just some of the impacts of current and proposed US trade actions under Section 232 and 301 of US trade law, aka, the Trump tariffs. A new missioned by Koch Industries and conducted by consulting firm ImpactECON, looked at the...
3 problems with effective altruism
In an extremely disturbing video, a two year old girl is run over by a truck in a China. Shortly after being run over, three strangers walk past the girl and do nothing. Eventually, a street cleaner picks her up and transports her to the hospital where she later dies. Utilitarian philosopher, Peter Singer, uses this real world example in a TEDTalk that has now received over 1 million views to make a point about our global charity and aid...
Lacordaire: penitent religious, unrepentant classical liberal
As our Acton Institute prepares for its Rome conference tomorrow, December 4, on the Dominican contribution to “Freedom, Virtue, and the Good Society”, extraordinary men and women from the Order of e to mind: Albert the Great, Catherine of Siena, and perhaps the most famous of all, the Angelic Doctor, Thomas Aquinas. Together these medieval stalwarts of the faith, truth, and justice laid the groundwork for modern science, modern learning, and even modern politics. The great Dominican heritage may have...
Explainer: Congress passes bill to help Christians and other genocide victims in Iraq and Syria
What just happened? Earlier this week the U.S. Congress voted unanimously to support HR 309, the “Iraq and Syria Genocide Relief and Accountability Act of 2018.” The purpose of the bill is to provide relief for victims of genocide, crimes against humanity, and war crimes who are members of religious and ethnic minority groups in Iraq and Syria, for accountability for perpetrators of these crimes, and for other purposes. The bipartisan bill, first introduced in 2017 by Representatives Chris Smith...
How the $15 minimum wage is pushing New York’s car washers to the margins
As protests for a $15-per-hour minimum wage continue torage across the country, cities likeSeattleand Minneapolis and states likeCaliforniaandNew Yorkhave begun to adopt such schemes, leading to a range of unfortunate case studies in economic destruction. Despite the popular narrative that such laws will benefit the most vulnerable and put the powerful in check, the negative consequences have tended to be most severe for small businesses and low-skilled workers. Take New York City’s car wash industry, a sector known for its...
A free and virtuous society: Lessons from Les Misérables
Interpreting works of literature is always a dicey task—it’s all too easy to find the conclusions we want to find and turn authors into spokesmen for our own ideas. In these reflections on Victor Hugo’s Les Misérables, I don’t claim that what I say is necessarily what Hugo himself intended. That said, though, his unforgettable story gives worthwhile insights into the workings of a free and virtuous society. There’s a reason the novel’s title is seldom translated into English—misérables means...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved