Robert S. Barker, law professor at Duquesne University, wrote about the nomination process in "The Supreme Court of the United States: Highest Court in the Land," for the April, 2005 issue of International Information Programs Electronic Journal.
Because the Supreme Court is itself important, the process by which its members are chosen is perforce of great significance. Article III, Section 1 of the Constitution vests the judicial power of the national (or "federal") government in "one Supreme Court, and in such inferior courts as the Congress may from time to time . . . establish," provides that the justices of the Supreme Court (as well as all other federal judges) shall have life tenure during good behavior, and guarantees that their salaries shall not be reduced during their time in office. Article II, Section 2 provides that the president of the United States ". . . shall nominate, and by and with the advice and consent of the Senate, shall appoint . . . judges of the Supreme Court. . . ."
Article III of the Constitution lays out the rules for nominating justices and creating the federal court system. But there is no limit to the size of the Supreme Court nor is there any guidelines as to what a Senator should consider in voting for or against a nominee. The Constitution leaves that to his individual conscience. (USAInfo)
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