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Congress, as a whole, does nothing. The President appoints Supreme Court justices with the "advice and consent" of the Senate. The Senate must approve or reject the nominee by a simple majority vote (51%) in order to confirm the appointment. The House of Representatives plays no role in this process.

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13y ago
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13y ago

Congress is a collective term referring to both the House of Representatives and the Senate. The House of Representatives plays no role in appointing US Supreme Court justices because it holds the power of impeachment; the Senate (alone) voteswhether to approve or reject the President's nomination.

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13y ago

According to Article 2, Section 2 (Nomination Clause) of the Constitution, the Senate's role in appointing a Supreme Court justice is "advice and consent."

In practical terms, this means the Senate Judiciary Committee investigates the judge's background and history of jurisprudence, then conducts a hearing in which the justice is expected to answer a number of prepared questions.

The Judiciary Committee then makes a recommendation to the full Senate about whether to approve or reject the candidate (or sometimes neither), and the Senate votes whether to grant the nominee's commission. If the Senate votes a simple majority (51 votes) for confirmation, the nominee receives a commission; if a member of the Senate decides to filibuster to block or delay a nomination, a two-thirds supermajority vote is required for confirmation.

Article 2, Section 2, Paragraph 2:

"[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."

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12y ago

The President can not appoint a new judge unless a vacancy occurs or Congress creates a new position on the court. The Supreme Court is not involved in either case.

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12y ago

vote for approval

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Q: What can the Supreme Court do if the president appoints a Supreme Court judge?
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