EXPLAINED: Breaking down the Supreme Court nomination, confirmation process
The death of Supreme Court Justice Ruth Bader Ginsburg -- 46 days ahead of the presidential election -- has prompted new scrutiny of the process of approving nominees to sit on the nation’s highest court.
Once a justice dies, retires, or resigns, the sitting president has the constitutional power to nominate a replacement.Voluntary retirement has been the most common way justices leave the Supreme Court, according to a report from the Congressional Research Service . That’s been the case for the vast majority of departures since 1954.
The first stepsWhen Associate Justice Anthony Kennedy announced his retirement from the court in June 2018, Trump was able to make his second Supreme Court nomination, nominating Brett Kavanaugh in July 2018. When the hearings are done, the committee holds a vote to recommend to the full Senate whether the nominee should be confirmed, rejected, or, in some cases, to make no recommendation.
Senate debate is unlimited unless ended by cloture, which calls for the end of discussion on a certain topic. The motion has to be put forward by a group of 16 senators and then must be passed by the full Senate before going into effect.
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