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 1


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

  1. 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!

    • Emmanuel Acosta | October 1, 2020 at 9:20 PM | Reply

      And just like the have “Age Limits” we need “Age Caps”. No more just sitting in your Senatorial position for 50 years unopposed, wanting things the same way they were when you were first elected while the world is constantly changing around you.

    • Holy Sh*t!! HOW did Biden get re-elected so many times? His whole state was “sleepy” too?

  2. 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.

    • JoetheGoldenHoe | October 1, 2020 at 7:07 PM | Reply

      Conservatives are constitutionalists, which CONSERVE the rights of the people. What rights are your media overlords telling you are being threatened?

    • @JoetheGoldenHoe
      Right, because Trump and other republican/conservative politicians are so willing to abide by the constitution. Trump didn’t care about the Hatch ACT and wants to change certain aspects of the constitution to fit his needs such as birth right citizenship. Bunch of hypocrites.

    • Stuff Bud Duz | October 1, 2020 at 8:38 PM | Reply

      By definition, “conservatives” want to conserve our constitutionally-protected rights. So your statement makes no sense.

    • What an utter idiot. The President doesn’t appoint judges to state courts. You mean district and appellate courts. And there aren’t “100s of state courts” either, just 94 district courts. First learn the basics before lecturing people on issues. This guy has the nerve to make videos about why the electoral college shouldn’t exist. It exists precisely because of morons like you.

  3. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$&&&&&&&&&&&&&&&&&&&&&&&&&$$$$$$$$$$$$$$$$$$$$$$$$

  4. Angelina Gibson | October 1, 2020 at 7:33 PM | Reply

    Awesome 😍💋 💝💖♥️❤️

  5. 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.

  6. Thomas Murphy | October 1, 2020 at 8:28 PM | Reply

    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.

    • Harry Reid ended the filibuster for federal judges. Then McConnell ended the filibuster for Supreme Court Justices.
      So it’s not all on McConnell, but people often forget about what Reid did first.

  7. 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.

  8. Stuff Bud Duz | October 1, 2020 at 8:35 PM | Reply

    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.

  9. Yeshua Something | October 1, 2020 at 8:41 PM | Reply

    We fought for freedom against the king of England we fought against the Nazis and won! We are now in threat of a president becoming a tyrant king with Nazi right-wing extremist backing.. threatening civil war dividing our country with the idea of “red and blue states”…we are the UNITED STATES of America.. no matter your color or religious beliefs we are all one human family. Please don’t forget. Many brave soldiers fought and died defending our Constitutional rights.. don’t let one corrupt presidency destroy that..
    God bless America 🙏 God save us from greed and corruption

  10. Alhatimi Generous | October 1, 2020 at 9:48 PM | Reply

    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.

  11. 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?

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