Who appoints Supreme Court justices?

Supreme Court justices are appointed by the President with the advice and consent of the Senate, meaning the Senate must approve the nomination before a justice can take office. This process is set by Article II, Section 2 of the Constitution. When a vacancy occurs on the Court, due to the death or retirement of a sitting justice, the President selects a nominee, often from among federal appellate judges, state supreme court justices, or other prominent legal figures.

The President typically considers factors including legal qualifications, judicial philosophy, prior writings or rulings, geographic balance, demographic representation, and political viability for confirmation. After the nomination is announced, the Senate Judiciary Committee holds hearings during which the nominee answers questions from senators. These hearings can last several days and have grown more contentious in recent decades. The committee then votes whether to recommend the nominee to the full Senate.

The full Senate then debates the nomination and holds a confirmation vote. Confirmation requires a simple majority of senators voting (51 votes if all 100 are present, or fewer if some abstain or are absent). The Senate eliminated the filibuster for Supreme Court nominations in 2017, after similar elimination for lower court and executive branch nominations in 2013. Before then, ending debate on a nomination required 60 votes. The current rule means a unified majority can confirm a nominee even over unified opposition from the other party.

The confirmation process has been highly political at times. Some nominees have been rejected, including Robert Bork (1987) and Harriet Miers (who withdrew before a vote in 2005). Others have been confirmed by narrow margins, such as Clarence Thomas in 1991 (52 to 48), Brett Kavanaugh in 2018 (50 to 48), and Amy Coney Barrett in 2020 (52 to 48). Some nominations have not received a Senate vote at all. Merrick Garland, nominated by President Obama in March 2016, never received a confirmation hearing, with Senate Republicans arguing the seat should be filled by the next president.

Once confirmed, a justice takes the constitutional oath and the judicial oath and joins the Court. New justices begin participating in cases immediately, often hearing arguments within weeks of confirmation.