USA TODAY International Edition
Process starts with vetting by Senate Judiciary panel
If the process for Amy Coney Barrett looks anything like it did for previous Supreme Court nominees, there will be four days of Senate committee hearings and then a final confirmation vote by the full 100- member Senate.
Vetting by the Senate Judiciary Committee
In past confirmations, the nominee would face a lengthy vetting process by the Senate Judiciary Committee, the panel charged with examining judicial appointments.
Typically, this process can take two months. It includes hearings, one- onone meetings between senators and the nominee, an FBI background examination, document requests and indepth questioning over the nominee’s views on a host of issues that could be taken up by the Supreme Court.
The process could be longer if there are hiccups, such as an issue in the nominee’s background. For example, the nomination of Justice Brett Kavanaugh was delayed by allegations of sexual assault and took three months.
After meetings and hearings, the panel votes on whether to send the nomination to the full Senate. Sending the nominee out of committee only requires a simple majority of members on the 22- person panel, which is composed of 12 Republicans and 10 Democrats.
Who are key members on the Senate Judiciary Committee?
The Judiciary Committee is chaired by Sen. Lindsey Graham, R- S. C., and its top Democrat is Sen. Dianne Feinstein, D- Calif.
Several senators are up for reelection, including several Republicans in swing states who face tight races such as Sen. Joni Ernst of Iowa and Thom Tillis of North Carolina. Both have said they support moving forward to fill the court vacancy. Graham is also up for reelection, though his contest leans Republican, according to nonpartisan forecasters at the Cook Political Report.
Their tight races mean they will face immense public pressure from both sides of the aisle during the confirmation process.
Democratic vice presidential nominee Sen. Kamala Harris, D- Calif., also sits on the committee and is sure to ask pointed questions. Progressives praised her questioning of Kavanaugh during his confirmation hearings. The televised hearings offer her a highprofile platform during the final stretch of the presidential campaign.
What have senators said?
Republican senators appear to have the support to move forward with the nomination process and fill the seat before Election Day. Democrats acknowledge they do not have the votes to block the nominee from moving forward.
Senators normally hold one- on- one meetings with the nominee, but some Democrats say they will forgo the process altogether. Sen. Richard Blumenthal, D- Conn., a member of the Senate Judiciary Committee, said Thursday he would refuse to meet with any nominee put forward before the election. Sen. Mazie Hirono, D- Hawaii, also a member of the panel, told NPR on Tuesday she would consider boycotting the confirmation hearings.
After Trump announced Barrett as his nominee, Democratic senators lined up in opposition as Republicans praised the pick. Senate Minority Leader Chuck Schumer, D- N. Y., said in a statement that he would “strongly oppose this nomination.”
Senate Majority Leader Mitch McConnell, R- Ky., called Barrett an “exceptionally impressive jurist and an exceedingly well- qualified nominee.”
“I look forward to meeting with the nominee next week and will carefully study her record and credentials. As I have stated, this nomination will receive a vote on the Senate floor in the weeks ahead,” McConnell said. “The Court, the Senate, and the American people – not to mention the nominee and her family – deserve a fair process that is focused on Judge Barrett’s qualifications. I hope all 100 senators will treat this serious process with the dignity and respect it should command.”
A final vote in the Senate
After the Senate Judiciary Committee approves Barrett, the full Senate would be tasked with voting on her.
To clear the 100- member body, the nominee will need a simple majority, or 51 votes. The GOP holds a slight 5347 majority, meaning they cannot lose four votes since a 50- 50 tie would be broken by Vice President Mike Pence.
Republicans appear to have the votes to pass Trump’s nominee, with only two GOP members of the body, Sens. Susan Collins, R- Maine, and Lisa Murkowski, R- Alaska, saying they do not support approving the pick before voters weigh in on Election Day.
But there is little Democrats can really do to halt the nomination.
How long does this take?
The average length of Supreme Court confirmations since 1975 is about 70 days from the submission of the nomination to the final vote, according to the nonpartisan Congressional Research Service.
If Republicans want to confirm a new justice by Election Day, they would need to move far quicker.