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Home / News / How a Supreme Court justice gets nominated, confirmed, opposed and filibustered | Just The FAQs

How a Supreme Court justice gets nominated, confirmed, opposed and filibustered | Just The FAQs

The Supreme Court is a vital component of our democracy. Here’s how the process works to nominate, confirm, and oppose a potential justice.

WASHINGTON – If President Donald Trump and Senate Republicans succeed in putting federal appeals court Judge Amy Coney Barrett on the Supreme Court, it will mark the biggest change there since 1991.

It was then that Associate Justice Thurgood Marshall, a liberal giant of the civil rights movement, retired in failing health and was replaced by Associate Justice Clarence Thomas, who has become the most conservative member of the court.

Twice more since then, personnel changes moved the court to the right: in 2006, when Associate Justice Samuel Alito took over for Associate Justice Sandra Day O’Connor, and 2018, when Associate Justice Brett Kavanaugh succeeded Associate Justice Anthony Kennedy. O’Connor and Kennedy were moderates named by Republican presidents, so the difference was not as dramatic.

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  1. What a sad attempt at a "RePUbliCAns bAd" video

  2. 1:14 DEMOCRATS made it a majority not Republicans, they don't even try to hide their lies anymore.

  3. Nominees invariably promise not to legislate from the bench, but by their interpretation of the Law, they sometimes do just that.

  4. The democrats changed the rule to a simple majority to end the filibusters, not the republicans!

  5. And white men are exactly kept this nation strong, stable and successful politically, militarily, and financially.

  6. Harry Reed (D) Filibustered (in 2013) to reduce the Senate vote from 2/3 vote to majority vote, 51 votes. Get your facts straight.

  7. This is so sad he don't care about the secret service and their health and who he infected only but for himself he is playing a very deadly and dangerous game please everyone BE CAREFUL THIS VIRUS IS NO JOKE IT KILLS PEOPLE AND DESTROY LIVES AS YOU ALREADY SEE AND KNOW MASK UP AND WASH YOUR HANDS DO AS THE CDC SAIDS IN PROTECTING YOURSELF AND YOUR FAMILY AND THOSE AROUND YOU

  8. We just put someone on the court a year ago, y’all really forgot how this process happens? 😂😂😂

  9. The Catholic Church is in your business. How is that going to grip the Jewish population?

  10. Trying to explain how things work in the real world to leftists? Good luck.

  11. USA TODAY having to spoon feed their ignorant liberal subscribers basic information 😂

  12. The purpose of the 2018 election was to decide who would make policy decisions in the House and the Senate up until this upcoming election. The Republicans won the senate fairly and have every right to confirm Amy Coney Barrett. Anyone who says the Republicans should wait until this election to confirm Amy Coney Barrett is intolerant of a fair and democratic process that gave the Republicans the ability to confirm this nominee. Additionally, if the Democrats were confirming a Supreme Court nominee close to a presidential election, I'd bet a lot of money that they'd do the same.

  13. This was short… This is simple people, Republican President, Republican majority in the Senate, judges get confirmed. During Obama, the majority in the senate was Republican which meant no confirmations… very simple.

  14. Its pretty hilarious the democrats are trying to obstruct by not participating in the confirmation process. Thank goodness they aren't actually needed.

  15. Funny the Democraps want mandatory retirement for SCOTUS justices now….how about term limits for Congress FIRST!

  16. Democrats changed the rule in 2013, not republicans in 2017.

  17. On November 21, 2013, Senate Democrats used the so-called "nuclear option," voting 52–48 — with all Republicans and three Democrats opposed — to eliminate the use of the filibuster on executive branch nominees and judicial nominees. Stop the lies and tell facts….

  18. idk man, blue seems kinda sus

  19. Constitutional Amendments:
    Judicial Recall citizens override Supreme Court ruling by popular vote
    referendum citizens decide on a law by popular vote

  20. Recently I heard several elected officials and the media networks personnel make comments about the last words before her death as a supreme court judge, saying it was her dying wish for delaying her replacement until next year. I have total care and concern for the judge and her family, I wish the individuals who made those statements did also. I don't believe this judge or any other judge would disregard our supreme laws, because it would be harmful to their legacy. I believe they did so to have emotional impact on the people. We all were sadden, but we cannot let emotions change the set standard as principles of law…

    It is possible that They may think you are dump enough to agree with them today as in the past! Save yourself from Political stupidity, read or listen to the readings of three major documents, United States Constitution, Bill of rights and the Declaration of Independence on You Tube videos.

  21. Why didn’t the founding fathers include a maximum # of SCOTUS justices in the Constitution? What’s stopping any political party from packing the court when it controls the President and both houses of Congress?

  22. Me personally I would rather nominate & pick judge Judy She will be in charge & we trust her of course to control the steering wheel and she will Throttle all the way no doubt & no offense to the other judges.

  23. You don't need 51 yea votes to confirm a justice. You only need a majority of the senators choosing to vote. If Romney and Collins abstain, for example, you can confirm with 50 yeas, 48 nays, and 2 abstentions.

  24. Good explanation!
    In other words, if the President and the Senate belong to the same party, then, the SCOTUS Justice gets confirmed, it's that simple.

  25. Didn't the democrats end the filibuster. Harry Reid did it even though McConnell told him it was a bad idea. Then Obama just left those federal court positions open.

  26. When Trump loses re-election them justices won't be able to help him like he is counting on. They gonna hopefully throw his little prissy 70 to 80,000 dollar perm and make up looking ass out on the streets and hopefully right behind that they need to bare down the REAL JUSTICE system all us poor less fortunate folks deal with on a daily basis.

  27. First the President nominates one.
    Then, you accuse them of being a gang-rapist by a faulty 40 year old accusation and then never apologize after it's proven false.

  28. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$&&&&&&&&&&&&&&&&&&&&&&&&&$$$$$$$$$$$$$$$$$$$$$$$$

  29. Keep in mind, the Supreme Court is the highest court in the country, but there are dozen of regional courts and 100s of state courts that the President and the Senate appoint judges to, totalling about 850. But, about a 100 of these were supposed to be appointed by Obama in his last year, yet they weren't because Senator McConnell held the seats up in case Trump won in 2016. And within the past 4 years, Trump thanks to McConnell have appointed over 200 of all of them, many of which will still be on their benches after Trump and McConnell die. This is why we can't allow Trump to win in November so that way he can't appoint almost half of all of the justices/judges in this country and essentially limiting or even taking away the rights of Americans and setting out country back decades due to their conservative political ideologies.

  30. We need term limits for The House, The Senate, the Courts, and all Governors in this country (I'd say at most 20 years)! It's the only way to ensure we prevent complicity/corruption in our elected leadership by constantly changing it!

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