Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Supreme Court confirmation process
Explainer: The Supreme Court confirmation process
Jan 14, 2026 12:28 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
Alejandro Chafuen in Forbes: The battle for 5G
Referencing Newt Gingrich’s recent report regarding 5G technology, Alejandro Chafuen, Acton’s Managing Director, mented this morning in Forbes on the technology and its relation to free markets. Chafuen argues that a new, less centralized approach to wireless networking would be a source of great benefit both for individual consumers and for the United States on the world stage. On May 6, former Speaker of the House Newt Gingrich delivered a lengthy report to the United States Congress. The report, “5G:...
The Ten Commandments or ‘Ten Thousand Commandments’
On Mt. Sinai, the Lord handed Moses the Ten Commandments divinely traced by His own finger. The Torah expounded these into 613 laws; but in 2018 the collected regulations issued by the federal government, known as the Federal Register, took up 61,308 pages. The quantity did nothing to improve the laws’ quality, as the Competitive Enterprise Institute notes in the latest edition of its annual report, Ten Thousand Commandments. Incredibly, the code has been trimmed by more than one-third from...
Sweden’s road to secularism: By politics alone
Sweden’s transformation from a pious Lutheran nation to one of the most secular states in the West is among the most arresting in history. Few appreciate how this followed the Church of Sweden having its governance, and then its doctrine, changed by politicians to reflect statist orthodoxy. Per Ewert of the Clapham Institute tells the story in a new article for Religion & Liberty Transatlantictitled “Secularizing the Church of Sweden: By politics alone.” A leading Social Democratic politician of the...
How can Christians shift moral consensus?
“Moral Consensus is a great goal for the moral fabric of a nation, except for one slight problem,” says Kyle Ferguson, “moral consensus tends to shift over time.” How then do Christians shift the moral consensus back in our direction? Fersuson argues that the answer lies in the gospel: Debate is a start but it will be ineffective to bring about moral change. Politics will certainly fail as has been demonstrated time and time again over the last century. The...
‘Unfolding the Creator’s work’: What is the Catholic work ethic?
Max Weber made an historic impact with his magnum opus on the Protestant work ethic at the turn of the twentieth century. Yet more than a century later, the full dimensions of the Catholic work ethic often go unnoticed in Catholic literature. Many writers on the Catholic work life omit the value of work, writes David Cusimano, a new contributor at the Acton Institute’s Religion & Liberty Transatlantic website, in a new essay. Cusimano, a business advisor and entrepreneur who...
A how-to guide for opposing totalitarianism: A review of ‘On Tyranny’
The Book:On Tyranny: Twenty Lessons from the Twentieth Century by Timothy Snyder The Gist: Snyder, the Levin Professor of History at Yale University, presents twenty brief and practical lessons on how we can avoid tyranny in the future by learning from the totalitarianism of the twentieth century. The Quote: ”It is institutions that help us to preserve decency. They need our help as well. Do not speak of ‘our institutions’ unless you make them yours by acting on their behalf....
Acton alumnus awarded highest civilian honor in Brazil
On the morning of May 3, Acton University alumnus, Marcel van Hattem, was awarded the Order of Rio Branco, the highest civilian award in Brazil, by President Jair Bolsonaro. The Order of Rio Branco award, established in February 1963, is named after the Brazilian diplomat, Barao do Rio Branco, and given to “stimulate the practice and deeds worthy of honorable mention,” to “distinguish meritorious services and civic virtues.” Van Hattem was the only congressman from Rio Grande do Sul, Brazil...
Rev. Robert Sirico on ‘The Late-Scholastic and Austrian Link to Modern Catholic Economic Thought’
As Acton’s librarian I can’t help but be immersed in the history of the Institute. I regularly stumble upon thought-provoking material from well before I began my work here in the late 2000’s which is itself a continuing education. One document in particular that I always return to is Father Robert Sirico’s 1998 contribution to the the Journal of Markets and Morality, ‘The Late-Scholastic and Austrian Link to Modern Catholic Economic Thought.’ It is an excellent introduction the main counters...
Global poverty reduction slows – but there’s a fix
For the past many years, the news about extreme poverty around the globe has been extremely encouraging. The number of people living on $1.90 a day (2011 PPP), which the World Bank defines as extreme poverty, has been falling for decades. In 1990, approximately 1.85 billion people lived in extreme poverty. In 2015, that dropped to 736 million. In other words, extreme poverty was reduced by over fifty percent globally in just 30 years. That’s an astonishing plishment. Given this...
Educational choice is a social justice issue
Note:This article is part of the ‘Principles Project,’ a list of principles, axioms, and beliefs that undergirda Christian view of economics, liberty, and virtue. Clickhereto read the introduction and other posts in this series. The Principle: #5F — Because protecting parental authority is an issue of social justice, society should promote policies that allow families the highest degree of freedom in making choices about the education of their children. The Explanation:Social justice is a term and concept frequently associated with...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved