Supreme Court appointment process

The confirmation of Judge Amy Coney Barrett to the U.S. Supreme Court – President Donald Trump’s third nominee to the nine-member court – has started in the Senate, with an examination of her record

1. Procedure for appointing Justice is in U.S. Constitution’s “Appointment Clause.” The President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint... Judges of the Supreme Court”

Sep 18: Death of Justice Ruth Bader Ginsburg (inset)

Sep 26: President nominates Barrett

2. Nomination is formally sent to Senate

3. Prior to Senate hearings, nominee’s qualifications, integrity, competence and temperament are evaluated by American Bar Association.
ABA does “not take into account philosophy, political affiliation or ideology”

4. Background: FBI investigates candidate’s personal financial affairs, and whether nominee poses national security threat to U.S.

5. Justice Department: Investigates public record and professional abilities. President can enlist assistance of legal scholars and ABA

Oct 12-15, Senate Judiciary Committee: Committee of 12 Republicans, under Chairman Lindsey Graham (above left), and 10 Democrats, led by Dianne Feinstein (above right), question Barrett’s professional merit and ideology

Senate Democrats: Expected to fiercely oppose proceedings. Sen. Feinstein warns that with Barrett’s confirmation, Supreme Court could repeal Affordable Care Act and deny 20 million Americans health insurance in midst of global pandemic

Oct 22: Senate Judiciary Committee to report Barrett’s nomination to Senate
                                 
Late October: Just days before election on November 3, Barrett will take part in four
days of nationally televised Senate hearings. Republican-controlled Senate votes on nomination
  
Nov 10: Supreme Court is scheduled to hear arguments from Republican attorneys general that Affordable Care Act – known as Obamacare – is unconstitutional, and must fall


Source: Congressional Research Service 
Pictures: Associated Press 
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