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SCOTUS

How Supreme Court Justices Are Nominated

The path to the bench.

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The Supreme Court

The appointment of Supreme Court justices is a significant event in US politics, partly because it happens rarely. Per the Constitution, justices hold office during “good Behaviour,” which is understood to mean a life tenure; they serve until they retire, resign, or die. Because vacancies happen so infrequently, each appointment can shape the Court for decades.

By law, Congress determines the number of justices who serve on the bench, which has had nine members since 1869. The president nominates justices, but the Senate must approve nominees before they can become a member of the Court. 

When Supreme Court seat becomes vacant, the president submits his nominee to the Senate whose process is to vet the person via the Judiciary Committee. Nominees appear before the committee for a process that now typically lasts several days when they appear to say very little, for fear of spoiling their advancement.

If the nominee wins Senate approval, that person becomes a Supreme Court justice; if not, the president may select and submit another nominee. The process has changed over time, so not every nomination has followed this exact path.

Since 1789, when the Supreme Court was established, presidents have submitted 165 nominations, including chief justices; 128 were confirmed, and 7 declined to serve.

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Written by

Generation Liberty Staff

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