How might the Senate prevent a person from getting on the US Supreme Court?

Answer 1

The Senate has several means of thwarting a President's US Supreme Court nomination.

1. The most obvious is that the Senate floor may reject the candidate outright by voting against him (or her). If the person fails to achieve a simple majority of votes, the nomination is rejected and the President must choose another candidate for the Court vacancy. Robert Bork is a recent example of a nominee rejected by Senate vote.
2. Sometimes the Senate simply resists proceeding with a candidate, and either returns word to the President through informal channels that there is not enough support for a successful vote, or the Senate Judiciary Committee declines to proceed with the nomination. Under these circumstances, the President typically withdraws the person's name from consideration and submits a different nomination. Harriet Miers is a recent example of a nominee whose name was withdrawn.
3. If there are too few members of the opposing party to block approval by a simple majority, the party may feel strongly enough to filibuster the candidate, essentially monopolizing the floor and preventing an up-or-down vote by the full Senate. A filibuster may be broken by cloture, a vote of 60 Senators (formerly a two-thirds vote), but when the Senate is almost evenly divided, or there is bipartisan resistance to a candidate, this option may be difficult to exercise. Abe Fortas is the most recent example of a nominee defeated by filibuster; Justice Samuel Alito is the most recent example of a candidate's filibuster ended by invoking cloture.
4. Sometimes the Senate or the Senate Judiciary Committee uses procedural devices to prevent a nomination from going forward. Examples include tabling the nomination indefinitely, declining to act, referring the candidate out of committee with an unfavorable recommendation, motion to postpone vote, etc. Some of these nominations were resubmitted and the nominee later confirmed by the Senate, as was the case with John M. Harlan II, and nearly the case with John G. Roberts, Jr., the current Chief Justice. Justice Clarence Thomas was sent to a floor vote without a recommendation from the Judiciary Committee due to allegations of sexual harassment of one or more previous employees, but was narrowly confirmed by the Senate, anyway.

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