Global InformationList of nominations to the Supreme Court of the United States information
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The Supreme Court of the United States is the highest ranking judicial body in the United States. Established by Article III of the Constitution, the Court was organized by the 1st United States Congress through the Judiciary Act of 1789, which specified its original and appellate jurisdiction, created 13 judicial districts, and fixed the size of the Supreme Court at six, with one chief justice and five associate justices.[1] During the 19th century, Congress changed the size of the Court on seven occasions, concluding with the Judiciary Act of 1869 which stipulates that the Court consists of the chief justice and eight associate justices.[2]
Article II, Section 2, Clause 2 of the Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent (confirmation) of the United States Senate, appoint justices to the Supreme Court. Nominations to the Supreme Court are considered to be official when the Senate receives a signed nomination letter from the president naming the nominee, which is then entered in the Senate's record. Since 1789, there have been 165 formal nominations (of 146 persons) to the Supreme Court; 128 of them (123 persons) have been confirmed.[3] The most recent nomination to be confirmed was that of Ketanji Brown Jackson in 2022.[4] Of the 37 that were unsuccessful, 11 nominees were rejected in Senate roll-call votes, 12 were withdrawn by the president, and 14 lapsed at the end of a session of Congress. Six of these unsuccessful nominees were subsequently nominated and confirmed to other seats on the Court.[5] Additionally, although confirmed, seven nominees either declined office or (in one instance) died before assuming office.[3]
An important role in this process is played by the Senate Judiciary Committee, which conducts a comprehensive evaluation of a nominee's background and qualifications before the Senate considers the nomination. Once confirmed to a seat on the Court, justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office. Even so, as it requires a separate presidential appointment, an incumbent associate justice who is nominated to be chief justice must undergo the confirmation process again.[5]
On rare occasions, presidents have made Supreme Court appointments without the Senate's consent, when the Senate is in recess. Such "recess appointments", however, are temporary, expiring at the end of the Senate's next session. Presidents have made recess appointments on 12 occasions, most recently in 1958. Every recess appointed justice was later nominated to the same position, and all but one—John Rutledge in 1795 to be chief justice—was confirmed by the Senate.[5] The 1795 Rutledge nomination was the first Supreme Court nomination to be rejected by the Senate; the most recent nomination to be voted down was that of Robert Bork in 1987.[3] George Washington holds the record for most Supreme Court nominations, with 14 nominations (12 of which were confirmed). Four presidents—William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter—did not make any nominations, as there were no vacancies while they were in office.[5]
- ^ "Landmark Legislation: Judiciary Act of 1789". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
- ^ "Landmark Legislation: Circuit Judgeships". Washington, D.C.: Federal Judicial Center. Retrieved August 9, 2018.
- ^ a b c "Supreme Court Nominations: present–1789". Washington, D.C.: Office of the Secretary, United States Senate. Retrieved March 5, 2022.
- ^ Kapur, Sahil (April 7, 2022). "Senate confirms Ketanji Brown Jackson to Supreme Court in historic vote". NBC News. Retrieved April 19, 2022.
- ^ a b c d McMillion, Barry J. (January 28, 2022). "Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President" (PDF). Washington, D.C.: Congressional Research Service. Retrieved March 5, 2022.