The Supreme Court nomination process explained

  • 8 years ago
WASHINGTON — President Barack Obama picked centrist Judge Merrick Garland to fill the Supreme Court seat left vacant by the sudden death of Justice Antonin Scalia.

Politics aside, the nomination process is simple enough.

As the highest court in the land, the Supreme Court is presided over by nine justices. When a spot opens up, it's up to the president and the Senate to fill in the vacancy. According to the U.S. Constitution, the president can select a candidate, but needs Senate approval in order to put him on the bench.

After a nominee is formally announced to the Senate, the candidate completes paperwork on his finances and personal background. Once he passes an FBI background check without incident, it's off to hearings in the Senate Judiciary Committee.

The 20 members of the committee interview the nominee and review his qualifications and previous work. They then vote. Regardless of the committee's recommendation, the nominee is generally sent to the Senate for a full vote. A simple majority — at least 51 votes — is all that's needed to win confirmation.

Once confirmed, a Supreme Court justice holds the appointment for life, until he dies, resigns or is impeached.

Whether Garland's nomination makes it to a committee hearing remains to be seen. Senate Majority Leader Mitch McConnell says there will be no confirmation hearings during an election year.

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