AP Explains: So What’s Next For the Supreme Court Vacancy?
President Joe Biden and Senate Democrats are expected to move quickly to fill the seat of retiring Supreme Court Justice Stephen Breyer, seizing the chance to energize their voting base ahead of November’s midterm elections, when control of Congress will be at stake.
The president has promised to name a Black woman to the Supreme Court. Fulfilling the promise would represent an enormous breakthrough for Black Americans, who have long been underrepresented in the federal judiciary. For Democratic lawmakers, it could also lessen the sting from their unsuccessful efforts to pass legislation.
A look at the confirmation process and what we know, and don’t know, about what’s to come:
What’s Next?
The Senate plans to launch the confirmation process as soon as Biden makes a nomination. Senate Majority Leader Chuck Schumer, D-N.Y., said Biden’s pick will receive a prompt hearing and will be considered and confirmed “with all deliberate speed.”
Even though Breyer won’t retire until the summer, the Senate can move quickly to confirm his successor. Democrats could quickly hold confirmation hearings in the Judiciary Committee and even hold a full vote in the Senate before he steps down. The Senate would just refrain from sending the president the paperwork on the final confirmation vote until Breyer steps aside. The court’s term usually ends in late June.
What Does It Take to Confirm a Nominee?
Only a Senate majority. The Senate is divided 50-50 along party lines, but Democrats control the chamber because Vice President Kamala Harris can break tie votes.
Supreme Court nominations used to need 60 votes for confirmation if any senator objected, but then-Senate Majority Leader Mitch McConnell, R-Ky., changed Senate rules in 2017 to allow the confirmation of Supreme Court justices with 51 votes. He did so as Democrats threatened to filibuster President Donald Trump’s first nominee, Neil Gorsuch.
How Does the Process Work?
It is up to the Senate Judiciary Committee to vet the nominee and hold confirmation hearings that typically extend over three days. Once the committee approves the nomination, it goes to the Senate floor for a final vote. This process passes through several time-consuming steps, including meetings with individual senators.
From the appointment of the first justices in 1789 through its consideration of nominee Amy Coney Barrett in 2020, the Senate has confirmed 120 Supreme Court nominations out of 164 received. Of the 44 nominations which were not confirmed, 12 were rejected outright in roll-call votes by the Senate, according to the Congressional Research Service.
How Long Will the Confirmation Process Take?
Supreme Court nominations have taken around 70 days to move through the Senate, but there are no set rules for how long the process lasts. Republicans rushed to get Justice Amy Coney Barrett confirmed before the presidential election. She was confirmed exactly a month after Trump nominated her.
User login
Omaha Daily Record
The Daily Record
222 South 72nd Street, Suite 302
Omaha, Nebraska
68114
United States
Tele (402) 345-1303
Fax (402) 345-2351