Friday, July 01, 2005

How We Get a New Supreme Court Justice

The procedure to replace a Supreme Court Justice is pretty simple. It's the politics that make it seem so hard. There are effectively only five steps in getting a new Justice on the Supreme Court.

OConnoer

1) Associate Justice O'Connor retires

When a Supreme Court Justice resigns, retires, or dies -- the Constitution lays out the framework for his or her replacement.


PhotoofPresBush

2) President nominates a new Justice

The President will nominate a replacement. This is spelled out in Article II, Section 2 of the Constitution.

capitol2

3) Senate Judiciary Committee reviews nominee

4) Full Senate debates and votes on nominee


The nomination then goes to the Senate. The Senate Judiciary Committee holds hearings to determine the qualifications of the nominee. If approved by a simple majority of the committee, the nominee is put to a vote of the full Senate.

If the nominee gets a simple majority -- 51 votes -- he takes his seat in the US Supreme Court for life -- so long as he's on "good behavior" as set down by the Constitution.

SCOTUS -- DOJ

5) Winning a simple majority vote in committee & in the full Senate lands you a lifetime gig



The closest Supreme Court vote in the past 100 years was that for Justice Clarence Thomas -- 52-48. The margin of the worst defeat was for Robert Bork -- 58-42. (Watching Washington)

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