What is the Role of the U.S. Senate During the Supreme Court Confirmation Process?

Article II of the U.S. Constitution expressly gives the president the power to “nominate, and by and with the advice and consent of the Senate, shall appoint…Justices of the Supreme Court…”

In the confirmation process, the Senate judiciary committee holds hearings to question nominees on their interpretation of the U.S. Constitution and their judicial record. In the past, hearings have served as opportunities for Senators to question appointees in order to learn how they would rule on significant constitutional issues.

However, considering the ambiguity of “advice and consent,” some question the exact role of the Senate and purpose of the hearings. Using the 2017 and 2018 nominations of Judges Neil Gorsuch and Brett Kavanaugh as specific examples, this deliberation explores the confirmation process and what role the Senate plays in appointing a Supreme Court Justice.

TEACHING ABOUT CONFIRMATION HEARINGS

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