Explainer: What you should know about the Supreme Court confirmation process
By / Oct 9

According to the U.S. Constitution, federal judges—including Justices of the U.S. Supreme Court—are appointed by the president with the advice and consent of the U.S. Senate. Although the process is not outlined in the Constitution, the determination of whether the judicial nominee is accepted by the Senate is carried out by the Senate Judiciary Committee. This committee assumes the principal responsibility for investigating the background and qualifications of each Supreme Court nominee.

Since the late 1960s, the Judiciary Committee’s consideration of a Supreme Court nominee almost always has consisted of three distinct stages—(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) a committee decision on what recommendation to make to the full Senate.

What happens during the pre-hearing investigative stage?

During the pre-hearing investigative stage, the nominee responds to a detailed Judiciary Committee questionnaire for the nominee. The FBI also investigates the nominee and provides the committee with confidential reports related to its investigation. During this time, the American Bar Association also evaluates the professional qualifications of the nominee, rating the nominee as “well qualified,” “qualified,” or “not qualified.” Prior to the committee hearings, the nominee may also meet with any or all individual Senators. After the investigation, the Judiciary Committee holds its public hearings.

What happens during the public hearings?

Since 1955, Court nominees testify in person before the Senate Judiciary Committee.

After opening remarks by the chair of the Judiciary Committee, other members follow with opening statements, and a panel of “presenters” introduces the nominee to the committee. The nominee is given the opportunity to make an opening statement and then begins taking questions.

Typically, the chair begins the questioning, followed by the ranking minority committee member and then the rest of the committee in descending order of seniority, alternating between majority and minority members, with a uniform time limit for each Senator during each round. When the first round of questioning has been completed, the committee begins a second round, which may be followed by more rounds, at the discretion of the committee chair

What types of questions can be asked during the hearing?

The Senate can generally ask whatever they want, though the questions are usually about the nominee’s background and qualifications, judicial philosophy, past decisions as a judge, or views on current controversies.

A nominee can’t be compelled to answer, and many refuse to comment on issues that might come up during their tenure on the Court.

How long does the hearing last?

For the most recent Supreme Court nominees, the hearings have lasted for four or five days. The longest hearing in the past 50 years was the failed nomination of Judge Robert Bork, which lasted 11 days.

What happens after the hearing?

After hearing the testimony of the nominee, the Judiciary Committee meets in open session to determine what recommendation to report to the full Senate. The committee may (1) report the nomination favorably, (2) report it negatively, or (3) make no recommendation at all on the nomination. A report with a negative recommendation or no recommendation permits a nomination to go forward, while alerting the Senate that a substantial number of committee members have reservations about the nomination.

The full Senate then votes on whether to accept or reject the nominee.

Can the nomination be blocked by the minority party in the Senate?

Technically, the minority party in the Senate is able to filibuster judicial nominees. But the Senate Majority Leader can change the rules to his parties benefit. That’s what happened in 2013, when then-Majority Leader Harry Reid lowered the 60-vote threshold to 51 for approval of Executive Branch appointees and federal judges. That set a new precedent which Senate Majority Leader Mitch McConnell has used to ensure his own party’s nominees only have to meet the 51-vote threshold.

ERLC’s Russell Moore Responds to Supreme Court Taking Up Same-Sex Marriage Cases
By / Jan 16

WASHINGTON, D.C., Jan. 16, 2015Russell Moore, president of the Southern Baptist Conventions Ethics & Religious Liberty Commission, commented on the U.S. Supreme Courts decision to take up four same-sex marriage cases involving state constitutional amendments that define marriage as the union of a man and woman.

This case could potentially transform the cultural landscape of America. We should pray for the Court, that they will not seek to redefine marriage. Marriage was not created by government action, and shouldn’t be re-created by government action. Even more than that, we should pray for churches who will know how to articulate and embody a Christian vision of marriage as the one flesh union of a man and a woman in the tumultuous years to come.

In November 2014, a three-judge panel of the U.S. Circuit Court of Appeals in Cincinnati upheld Ohios ban, making it the first federal appeals court to rule states could define marriage as the union of a man and a woman.

This will be the second time Supreme Court justices take on the marriage issue. Gay marriage is legal in 36 states and the District of Columbia.

The Southern Baptist Convention is Americas largest Protestant denomination with more than 15.8 million members in over 46,000 churches nationwide. The Ethics & Religious Liberty Commission is the SBCs ethics, religious liberty and public policy agency with offices in Nashville, Tenn. and Washington, D.C.

– END –

To request an interview with Russell Moore

contact Elizabeth Bristow at (615) 782-8409

or by e-mail at [email protected]