Appointment Process

Cards (5)

  • Vacancy Arises
    This can occur through death (e.g. Scalia in 2016), retirement (e.g. Kennedy in 2018) or impeachment (e.g. Samuel Chase in 1805 (NOT GUILTY))
  • Presidential Nomination
    President can choose whoever they want. It is expected they will have judicial experience and are likely to share presidents ideology. E.g. Bush nominated Miers who had no experience as a judge and Trump nominated conservative Kavanaugh
  • ABA Rating
    American Bar Association will offer ratings of 'Qualified', 'Unqualified' or 'Well Qualified' e.g. Thomas was deemed to be 'qualified'
  • Senate Judiciary Committee Hearings
    Not a requirement like ABA, the senate holds hearings where it will question the nominee and at the end hold a vote. E.g. allegations of sexual misconduct were levelled in Thomas and Kavanaugh's committees. Thomas had a split 7-7 committee. E.g. Bork was rejected 9-5 and faced defeat in senate
  • Senate Floor Vote
    Whole senate must vote to confirm appointment. Following 2017, these can no longer be filibustered and only require a simple majority. E.g. Bork lost by 42-58 (1987), RBG won by 97-3 (1993)