Who can accept or reject US Supreme Court nominees?

Answer 1

The Senate (Legislative branch) votes to confirm or reject the Presidents' (Executive branch) US Supreme Court (Judicial branch) nominees. Approval requires a simple majority of the Senators voting, unless a Senator attempts to block the vote by filibuster, in which case confirmation requires a two-thirds supermajority.

Some people believe this power falls to Congress; however, "Congress" is a collective term that includes the House of Representatives, which has no voice in the Supreme Court selection process.

Explanation

Article 2, Section 2, Paragraph 2 of the US Constitution provides that the President may nominate members of the Supreme Court, but that appointment only occurs with the "advice and consent" of the Senate. This means the Senate conducts an investigation of the candidate's qualifications and personal background, determines whether he or she would adequately fulfill the role of Justice, then votes whether to approve or disapprove the nomination. 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:

"He 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."

For more information, see Related Questions, below.