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According to Article II, section 2 of the U.S. Constitution, the President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, judges and other high ranking officials. The senate holds hearings to determine the suitability of the nominee and confirms the nomination by a majority vote.

Plainly, the Senate could vote not to confirm the potential nominee. President Ronald Reagan's nomination of Judge Robert Bork is an example of a defeated nomination, as Bork was denied a seat on the US Supreme Court by a vote 42 to 58. (42 voted to confirm; 58 voted to not confirm)

More practically, the nominee simply realizes there is little support for their nomination and chooses to withdraw. President Bush's nomineee for the Supreme Court, Harriet Miers, chose this route. Although not done by Senate "action" the withdrawal is recognition the nominee likely would not be confirmed.

The Senate also has the ability to allow a nominee to languish in committee hearings. This typically happens toward the end of a President's term when the opposing party holds control of the Senate. Again, while not an action of the whole Senate, the implication is clear: We will not schedule a vote because the President will soon be gone.

Hope this helps.

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