What does the Senate do in appointments?

The Senate confirms or rejects presidential nominations to senior federal positions, including Cabinet secretaries, Supreme Court justices, federal judges, ambassadors, and other senior officials. This power is part of the advice and consent clause in Article II, Section 2 of the Constitution. When the President nominates someone to a position requiring Senate confirmation, the nomination is sent to the Senate.

The Senate refers the nomination to the appropriate committee, which holds hearings to question the nominee. Hearings can last hours or days, depending on the position. The committee then votes whether to recommend the nomination to the full Senate. The full Senate debates the nomination and holds a confirmation vote. A simple majority of senators voting is required for confirmation.

Until 2013, ending debate on a nomination required a 60-vote cloture vote (the same as for legislation). The Senate eliminated the filibuster for executive branch nominations and most judicial nominations in 2013, and for Supreme Court nominations in 2017, both through what is called the nuclear option. The current rule means a unified majority can confirm a nominee even over unified opposition from the minority.

The Senate's confirmation power applies to the most important federal positions, including all 15 Cabinet secretaries, deputy secretaries and other senior subcabinet positions, all Supreme Court justices, all federal court of appeals and federal district court judges, ambassadors, U.S. Attorneys, and the leaders of independent agencies such as the Federal Reserve, the Securities and Exchange Commission, and the Federal Trade Commission. Lower-level positions, sometimes called inferior officers, can be filled without Senate confirmation if Congress so provides.

Confirmation hearings can be straightforward or contentious depending on the nominee and the political climate. Routine appointments often pass with little debate. Controversial nominations, particularly Supreme Court justices, can face extensive hearings, party-line votes, and sometimes rejection. Notable failed Supreme Court nominations include Robert Bork in 1987 (rejected 42-58) and Harriet Miers in 2005 (withdrawn before a vote). Lower-court nominations have also been rejected, particularly during periods of divided government. Some Cabinet nominations have failed in recent decades, including Defense Secretary nominee John Tower in 1989 and Senator Tom Daschle's withdrawal as Health and Human Services secretary nominee in 2009.

The President can sometimes work around the confirmation process through recess appointments, which the Constitution allows when the Senate is not in session. The Supreme Court limited this power in NLRB v. Noel Canning (2014), ruling that the Senate must be in recess for at least ten days for a recess appointment to be valid.