Sonia Sotomayor, President Obama's nominee to replace retiring Justice David Souter on the Supreme Court will face the same two-step Senate confirmation process that must be endured by all Supreme Court nominees.
Consideration by Senate Judiciary Committee
- As soon as the president’s nomination is received by the Senate, it is referred to the Senate Judiciary Committee.
- The Judiciary Committee sends the nominee a questionnaire. The questionnaire requests the nominee’s biographical, financial and employment information, and copies of the nominee’s legal writings, opinions issued, testimony and speeches.
- The Judiciary Committee holds a hearing on the nomination. The nominee makes an opening statement and then answers questions from the Committee members. The hearing can take several days and the questioning can become politically partisan and intense.
- After the hearing is completed, Committee members are given one week to submit written follow-up questions. The nominee submits written responses.
- Finally, the Committee votes on the nomination. The Committee can vote to send the nomination to the full Senate with a recommendation of either approval or rejection. The Committee can also vote to send the nomination to the full Senate without a recommendation.
Consideration by the Full Senate
- After receiving the recommendation of the Judiciary Committee, the full Senate holds its own hearing and debates the nomination. The Chairman of the Judiciary Committee leads the Senate hearing. The senior Democratic and Republican members of the Judiciary Committee lead their party’s questioning. The Senate hearing and debate typically take less than a week.
- Finally the full Senate will vote on the nomination. A simple majority vote of the Senators present is required for the nomination to be confirmed.
Swearing In
If the Senate confirms the nomination, the nominee usually goes directly to the White House to be sworn in. The swearing in is typically conducted by the Chief Justice. If the Chief Justice is not available, any Supreme Court Justice can administer the oath of office.
How Long Does All of This Usually Take?
According to records compiled by the Senate Judiciary Committee, it takes an average of 2-1/2 months for a nominee to reach a full vote in the Senate.
How Many Nominations are Rejected?
Since the Supreme Court was established in 1789, a total of 28 of 158 nominations have been rejected, withdrawn or not acted on by the Senate, according to the Senate historian’s office.
