The United States Supreme Court plays a vital role in ensuring U.S. citizens are afforded equal justice under the law. The nine justices that sit on the court are tasked with interpreting and safeguarding the Constitution. But who decides who is appointed a member of the Court? What does the appointment process look like and how long does it take? In this article, we will address all of these questions with the goal of providing you, the student, a better idea of how the rigorous appointment process works.
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Jetzt kostenlos anmeldenThe United States Supreme Court plays a vital role in ensuring U.S. citizens are afforded equal justice under the law. The nine justices that sit on the court are tasked with interpreting and safeguarding the Constitution. But who decides who is appointed a member of the Court? What does the appointment process look like and how long does it take? In this article, we will address all of these questions with the goal of providing you, the student, a better idea of how the rigorous appointment process works.
The United States Supreme Court (often referred to by its acronym SCOTUS) is the head of the judicial branch of government. It is the nation's highest court and has complete jurisdiction over all federal and state court cases relating to federal law. The court comprises nine Supreme Court Justices, including one Chief Justice and eight associates. Supreme Court Justices are nominated by the President of the United States and sworn in after being approved by the United States Senate.
SCOTUS (Supreme Court of the United States)
The following section discusses several aspects of the Supreme Court appointment process, taking into account the United States Constitution, the nomination process, and the role the U.S. House of Representatives plays in the appointment process.
The U.S. Constitution does not say much about the Supreme Court. Aside from a few lines in Article III, Sections 1 and 2 (see excerpt below), specific details about the court are in short supply. The Constitution says nothing about a nine-justice court, nor does it specify the size of the court. In fact, over time, the Supreme Court has had as many as ten justices and as few as six. And while Supreme Court Justices serve lifetime appointments on the bench today, there is nothing written in the Constitution that explicitly states justices are to serve a lifetime on the bench.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
- The United States Constitution, Article III, Section 1
While the Constitution provides insight on the appointment of Supreme Court Justices, it does not explain how a candidate is selected. In the past, the Justice Department has recommended Supreme Court judges. Other times, prospective judges maintained personal relationships with the president or shared the president's political beliefs.
Lobbyists may also influence the president to nominate a particular candidate representing their interests. Despite this, the Supreme Court is designed to be, to a certain extent, independent and resistant to political pressure. The life tenure granted to Supreme Court Justices is designed so that justices are not swayed by the interests of the president that nominated them.
Supreme Court Justices are nominated by the standing president and confirmed by the Senate. The president initiates the nomination process by selecting a candidate. To find a viable candidate, the president may seek advice or recommendations from the Senate Judiciary Committee or request feedback from the Federal Bureau of Investigation (FBI), Department of Justice (DoJ), Congress, current federal judges, or the American Bar Association.
The vetting process for selecting a candidate includes examining their political views, political party membership, and alliances, and weighing whether or not the Senate is likely to confirm the candidate. In theory, this process produces politically moderate nominees and those that subscribe to a broader set of political interests as opposed to candidates who are positioned on the political fringes.
Many candidates serve as judges on lower courts, As such, their legal experience is also taken into consideration. With an increasing emphasis on diversity over the last several years, the race and gender of a prospective justice are frequently taken into account. Lastly, candidates will often be asked for their views on a wide range of "hot button” social issues, such as abortion, gun control, and marriage equality.
Senate Judiciary Committee
A committee composed of 22 United States Senators who are tasked with overseeing the Department of Justice and considering judicial nominations among other duties.
American Bar Association
An association of legal professionals, including practicing attorneys, judges, legal scholars, etc., that leverages significant political influence over legal institutions, and plays a powerful role in proposing laws on the state and federal levels.
Once a prospective Supreme Court Justice is nominated, the Senate Judiciary Committee completes an in-depth background check and assessment of the candidate. Committee members then decide whether or not to support the nominee.
The Standing Committee on the Federal Judiciary of the American Bar Association also conducts an assessment of the nominee. The candidate will then meet with senators to amass favor for their confirmation as Supreme Court Justice.
Citizens gain a better idea of a nominee's values when they testify before the Senate Judiciary Committee. They are expected to answer a range of probing questions directed at them by senators from both major parties during the testimony. This process is usually broadcast on cable news networks and can last several days.
After fielding questions from the Senate Judiciary Committee, the group votes on whether or not to appoint the candidate. The nomination is then sent to the Senate where the chamber decides to confirm or deny the candidate. If the candidate receives support from the Senate, a confirmation vote takes place.
Alternatively, the president can create a recess appointment, which means the candidate wouldn’t require a confirmation vote from the Senate. However, the appointed justice would not receive lifetime tenure, ending their service by the following congressional session.
If a Justice receives senate confirmation, the appointee takes an oath of office and a judicial oath, as outlined in the Judiciary Act of 1789. This act designed the first Supreme Court to have six judges and created a federal system of lower courts.
The Supreme Court confirmation process consists of several steps.
First, the current president selects a Supreme Court Justice nominee. The nominee is examined closely by the White House, FBI, and other parties to ensure that s/he can be successfully appointed.
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Second, the nominee also answers the Senate Judiciary Committee questions about their skills and employment history.
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Third, the Senate Judiciary Committee votes on whether or not to recommend the nominee to meet with the entire Senate.
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Fourth, the full Senate discusses the nominee and votes on whether or not the nominee should be confirmed.
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Finally, if a nominee receives 51 or more or more votes, they will go on to be confirmed as Supreme Court Justice. If a nominee receives 50 votes or fewer, they will not become a Supreme Court Justice. In the case of a tie, the vice president casts the final vote.
The duration of the Supreme Court appointment process varies. However, once there is a vacancy on the Supreme Court, it takes an average of 17 days for a sitting U.S. president to nominate a prospective Justice. The confirmation process is more involved and takes an average of 68 days.
The U.S. Supreme Court is currently comprised of nine justices. The ideological balance of the current court leans heavily conservative.
Member | Title | Year Appointed | Appointed by |
John G. Roberts JR. | Chief Justice | 2005 | George W. Bush |
Clarence Thomas | Associate Justice | 1991 | Georgia H. W. Bush |
Samuel A. Alito Jr. | Associate Justice | 2006 | George W. Bush |
Sonia Sotomayer | Associate Justice | 2009 | Barack Obama |
Elena Kagan | Associate Justice | 2010 | Barack Obama |
Neil M. Gorsuch | Associate Justice | 2017 | Donald J, Trump |
Brett M. Kavanaugh | Associate Justice | 2018 | Donald J. Trump |
Amy Coney Barrett | Associate Justice | 2020 | Donald J. Trump |
Ketanji Brown Jackson | Associate Justice | 2022 | Joseph R. Biden Jr. |
The newest SCOTUS Justice is Ketanji Brown Jackson, who was nominated by President Joe Biden Jr. and confirmed by the United States Senate on April 7, 2022. She is the first Black woman to serve on the U.S. Supreme Court.
The Supreme Court appointment process is a rigorous evaluation of a prospective Supreme Court Justice.
Nomination takes an average of 17 days. The confirmation process takes an average of 68 days.
The Senate approves appointments to the Supreme Court.
They are nominated by the President. The nominee meets with Senators and is evaluated by the Senate Judiciary Committee. If the Senate Judiciary Committee recommends the nominee, s/he goes before the whole Senate for consideration and voting. If 51 Senate members vote for the nominee, they can be appointed.
Other than maintaining “good behavior”, there is no official eligibility criteria for the appointment of Supreme Court Judges.
When was the US Supreme Court established?
1789
What is the Supreme Court?
It functions as the the head of the judicial branch of the US government.
How many members sit on the Supreme Court?
9
Who appoints Supreme Court judges?
The president
What does the US Constitution say about the Supreme Court?
Very little. There is not much information about the Supreme Court contained within the Constitution,
Who confirms Supreme Court justices?
The United States Senate
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