Supreme Court Nominations:
The Nomination & Confirmation Process
Updated March 10, 2017.
Prepared by Cheryl Nyberg.
Article II, Section 2 of the U.S. Constitution states, in part: "[The President] shall have power, . . . , by and with the advice and consent of the Senate, . . . [to] appoint . . . judges of the Supreme Court . . . ."
This guide identifies selected articles, books, and websites on the nomination and confirmation process.
All of the following titles are available in the Classified Stacks. Note that online access to many of these titles is UW Restricted.
Advice & Consent: The Politics of Judicial Appointments. KF8776.E67 2005 & online
Electing Justice: Fixing the Supreme Court Nomination Process. KF8742.D383 2005
The Next Justice: Repairing the Supreme Court Appointments Process. KF8742.E357 2007 & online
The Selling of Supreme Court Nominees. KF8742.M26 1995
Supreme Court Confirmation Hearings and Constitutional Change (2013). KF8742.C625 2013
Supreme Court Confirmation Hearings in the U.S. Senate: Reconsidering the Charade (2014). KF8742.F37 2014
For additional titles on the nomination and confirmation process, search the Law Library catalog by keyword: judges and appointment and supreme court. This search retrieves books that have been assigned the two major subject headings for this topic: Judges--Selection and Appointment--United States and United States Supreme Court.
The Congressional Research Service is a branch of the Library of Congress that works exclusively for members and committees of Congress. Most CRS reports are updated on an irregular basis. See the Gallagher guide on CRS Reports for more information.
Cloture Attempts on Nominations: Data and Historical Development (June 26, 2013).
Congressional Oversight of Judges and Justices (May 31, 2005)
Proper Scope of Questioning of Supreme Court Nominees: The Current Debate (Sept. 1, 2005. 15 pages)
Scalia Vacancy in Historical Context: Frequenly Asked Questions (March 1, 2017)
Senate Confirmation Process: An Overview (Dec. 1, 2008. 3 pages)
Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee (Oct. 19, 2015, 20 pages)
Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate (Feb. 19, 2010. 60 pages)
Supreme Court Nominations, 1789-2010: Actions by the Senate, the Judiciary Committee, and the President (Aug. 23, 2010. 45 pages)
Supreme Court Nominations Not Confirmed, 1789-2010 (Aug. 20, 2010)
Supreme Court Vacancies: Frequently Asked Questions (March 31, 2016)
American Bar Association, Standing Committee on the Federal Judiciary issues ratings on the qualifications of Supreme Court nominees.
U.S. Senate, Supreme Court Nominations, 1789-Present
Lists nominees, the Presidents who nominated them, Senate confirmation votes, status, and dates of action.
The following articles are only examples of those found in the legal literature. HeinOnline is a UW Restricted database.
- Choosing the Next Supreme Court Justice: An Empirical Ranking of Judge Performance, 78 S. Cal. L. Rev. 23 (2004). Hein Online
- Confirming the Constitution: The Role of the Senate Judiciary Committee (Elected Branch Influences in Constitutional Decisionmaking) 56 Law & Contemp. Probs. 121 (1993). Hein Online
- The Supreme Court Confirmation Process in Crisis: Is the System Defective, or Merely the Participants? 14 Whittier L. Rev. 517 (1993). Hein Online
- Character, Competency, and Constitutionalism: Did the Bork Nomination Represent a Fundamental Shift in Confirmation Criteria? 75 Marq. L. Rev. 409 (1992). Hein Online
- The Role of Legal Scholars in the Confirmation Hearings for Supreme Court Nominees - Some Reflections (Colloquium: The Judicial Nomination and Confirmation Process) 7 St. John's J. Legal Comment. 211 (1991). Hein Online
- Conference on Supreme Court Appointments: Judicial Appointments, the President and the Senate. 84 Northwestern U. L. Rev. issues 3/4, beginning at page 851 (1990). Hein Online
- Selecting Supreme Court Justices, 2004-05 Preview of United States Supreme Court Cases 481. A panel discussion. A longer version appears on the ABA website.
In LegalTrac, search one or more of the following subject headings for additional articles:
- Judicial Candidates
- Judges--Appointments, Resignations and Dismissals
- Supreme Court Justices
- United States. Supreme Court--Human Resource Management