How are US Supreme Court justices nominated?

Answer 1

The President nominates new members to the Supreme Court, but the Senate must approve the nomination by a majority vote. This is part of the system of checks and balances that is supposed to prevent abuse of power.

Explanation

When there is a vacancy on the bench the President (Executive branch) nominates a person to be a Supreme Court justice. Usually, the President receives recommendations from trusted advisors, or may have someone in mind whom an earlier President appointed to a US Court of Appeals Circuit Court to gain judicial experience.

The FBI investigates the nominee's background and returns a report to the Department of Justice, which compiles a report for the Senate Judiciary Committee. The Committee considers the candidate's judicial and personal record to determine suitability for office, then holds a hearing to question him or her about judicial record, political philosophy, ideology, and anything else they find appropriate. The Committee discusses the findings and may follow-up with addition written questions.

When the Committee is satisfied they have enough information to make a recommendation, they vote to decide whether to send the vote to the floor with a recommendation that the full Senate vote for or against commissioning the nominee. Occasionally, if the Committee is split in its opinion, they may send the vote to the floor with no recommendation.

The full Senate may hold its own hearing, which generally lasts less than a week, where they may also question the candidate before voting. If the nominee receives a simple majority of 51 votes, he or she officially becomes a Supreme Court Justice.

If the Senate rejects the nominee, the President will pick another nominee or may nominate the same person for additional review. This authority comes from Article II, Section 2 of the US Constitution, which states that the President has the power to nominate, and by and with the consent of the Senate, appoint Judges of the Supreme Court. Thus the President nominates but does not appoint Justices of of the Supreme Court. Actual appointment occurs only after Senate confirmation.

For more information, see Related Questions, below.

Answer 2

The President nominates a potential justice, and the Senate votes for or against confirmation.

Practical Considerations

Article II of the Constitution gives sole authority to the US President to nominate whomever he (or she) believes would be an asset to the US Supreme Court. Often, a small committee of White House advisers vet potential candidates and make recommendations based on their research and knowledge of the most promising options.

The Constitution does not set forth any guidelines for Supreme Court justices; the President has complete discretion over his selection.

Some typical considerations:

• Opinions of White House advisors
• Opinions of trusted Justice Department personnel
• Recommendation of American Bar Association Standing Committee on the Federal Judiciary
• Educational credentials
• Professional accomplishments and experience
• Ideological compatibility
• Political support from other party members
• Acceptability to majority party in Senate (easier of President and Senate majority are members of the same party)
• History of ethical behavior and lack of controversy or extremism
• Need for diversity and religious balance on the Court
• Age

The President will usually consult with Senators before announcing his nominee, in order to gauge political support.

The Senate Judiciary Committee conducts its own investigation once the President has announced a nominee, then votes whether to send the nominee to the floor with a recommendation for approval. If the Senate approves the nominee by a simple majority vote (51% of those voting, not to be confused with 51 votes), the nominee will be commissioned to a lifetime appointment on the Supreme Court.

Answer 3

The Supreme Court justices are picked by both the legislative and executive branch. The president will nominate someone for a vacancy, and then the Senate votes to confirm the nominee, needing a simple majority.

Answer 4

Judges and justices who serve in US District Court, US Court of International Trade, US Court of Appeals Circuit Courts, and the Supreme Court of the United States are appointed under Article III of the Constitution. They are nominated by the Presidentwith the "advice and consent" of the Senate. The Senate must vote whether to approve or reject the President's nomination before the judge can be appointed.

Article III courts are those that make up the Judicial Branch of the federal government:

• US District Courts
• US Court of International Trade
• US Court of Appeals Circuit Courts
• Supreme Court of the United States

Answer 5

The President nominates a potential justice, and the Senate votes for or against confirmation.

Practical Considerations

Article II of the Constitution gives sole authority to the US President to nominate whomever he (or she) believes would be an asset to the US Supreme Court. Often, a small committee of White House advisers vet potential candidates and make recommendations based on their research and knowledge of the most promising options.

The Constitution does not set forth any guidelines for Supreme Court justices; the President has complete discretion over his selection.

Some typical considerations:

• Opinions of White House advisors
• Opinions of trusted Justice Department personnel
• Recommendation of American Bar Association Standing Committee on the Federal Judiciary
• Educational credentials
• Professional accomplishments and experience
• Ideological compatibility
• Political support from other party members
• Acceptability to majority party in Senate (easier of President and Senate majority are members of the same party)
• History of ethical behavior and lack of controversy or extremism
• Need for diversity and religious balance on the Court
• Age

The President usually also considers the recommendation and evaluation of the American Bar Association's Standing Committee on the Federal Judiciary. The ABA lists the following suggested minimum criteria for nomination to the US Supreme Court:

1. Member in good standing in the state bar for at least five years
2. Practicing trial attorney and/or trial judge for at least 12 years
3. Competent citizen of good character, integrity, reason, intelligence, and judgment
4. Distinguished accomplishments
5. Supreme Court nominees must be legal scholars

The President will usually consult with Senators before announcing his nominee, in order to gauge political support.

The Senate Judiciary Committee conducts its own investigation once the President has announced a nominee, then votes whether to send the nominee to the floor with a recommendation for approval. If the Senate approves the nominee by a simple majority vote (51% of those voting, not to be confused with 51 votes), the nominee will be commissioned to a lifetime appointment on the Supreme Court.

For more information see Related Questions, below.

Answer 6

The President of the United States (Executive branch) nominates members to the Judiciary branch of government, including District Court judges, US Court of Appeals Circuit judges, and Supreme Court justices (including the Chief Justice).

The Constitution does not set forth any guidelines for Supreme Court justices; the President has complete discretion over his selection.

Some typical considerations:

• Opinions of White House advisors
• Opinions of trusted Justice Department personnel
• Recommendation of American Bar Association Standing Committee on the Federal Judiciary
• Educational credentials
• Professional accomplishments and experience
• Ideological compatibility
• Political support from other party members
• Acceptability to majority party in Senate (easier of President and Senate majority are members of the same party)
• History of ethical behavior and lack of controversy or extremism
• Need for diversity and religious balance on the Court
• Age

The President will usually consult with Senators before announcing his nominee, in order to gauge political support.

Candidates for Supreme Court justice must then be confirmed or rejected by a simple vote of the Senate before they are appointed and may assume office.

The primary consideration of the appointee process should be the record of any judicial candidates proper protection of the US Constitution. This would disregard any other factor with the exception of age, which of course is unConsitutional.

Answer 7

US Supreme Court justices are not elected. They are appointed by the President and approved (or rejected) by a simple majority vote of the Senate.

Answer 8

By the president