The power to appoint all federal judges is shared by the president and the Senate. The legal framework for such appointments is established by provisions within the Constitution under Article II, Section 2, Clause 2.

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Nominations for judicial appointments by the president are transmitted by message to the Senate. The message is read and the Senate executive clerk assigns a consecutive number to the message. In most instances, the Senate Judiciary Committee begins the consideration of a nomination by gathering more information about the individual nominated. The nomination of federal judges is subject to a committee hearing, during which the nominee and others testify.

Several options are available to the Judiciary Committee regarding the disposition of a nomination, and the Committee is not required to act upon nominations at all. In the event the Committee chooses to report a nomination, it can choose to do so favorably, unfavorably or without any recommendation.

The committee chair usually reports the nomination to the full Senate. The legislative clerk then notifies the executive clerk, who assigns the nomination a number and places it on the executive calendar of the Senate. When a nomination is considered by the full Senate, it is done in executive session, not a legislative session. The procedures utilized during an executive session are similar in nature to a legislative session. One exception is that floor consideration may not begin until a nomination has been placed on the calendar for a minimum of one day, except in the case of unanimous consent.

Only rarely does the Senate vote to reject a nomination. Unsuccessful nominations typically die from inaction. On occasion, a nomination may be sent back to the Committee for further consideration. Under Senate rules, pending nominations may be sent back to the president when the Senate recesses or adjourns for more than thirty days. The Senate retains the right to waive this rule by unanimous consent.

When a nominee is confirmed, the secretary of the Senate will attest to a “resolution of confirmation,” which is then sent to the White House. The president may also choose to withdraw a nomination at any time, which ends the nomination process.

To learn more about Congressional hearings, consider TheCapitol.Net’s 1-day course in Washington, DC: Congressional Dynamics and the Legislative Process; or the 3-day Capitol Hill Workshop.

Reference: Congressional Deskbook, by Michael L. Koempel and Judy Schneider, Section 10.80 Congress and the Executive: Appointments, and Section 10.81 Confirmation Procedure.

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Because appointments to Federal District and Circuit Courts of Appeals, and the Supreme Court, are lifetime appointments, the Senate plays a constitutional (Article. II. Section. 2.) and active role in such appointments. The stakes in judicial appointments are often seen as being quite high by most senators.

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The president typically consults senators from the home state of a prospective nominee when making judicial nominations. This is particularly true when the senator is in the same party as the president. Once the judicial nomination has been received by the Senate, it is then referred to the Judiciary Committee and the committee chair directs a blue slip to senators from the state of the nominee. The blue slip may be used by senators for indicating either approval or disapproval of the nominee. In the case of a Supreme Court nominee, he or she will often make a courtesy call on members of the committee and often on other senators.

The breadth and time involved in the hearings conducted by the Judiciary Committee varies based on the type of nomination and the level of support for that nominee. In the case of a district judge who is supported by both home state senators and in which there is little controversy, the matter might be handled through a hearing that covers multiple judges.

The nomination of a person to the Supreme Court usually involves a hearing that lasts at least several days. The length of time involving Supreme Court nominations allows the nominee to testify and gives committee members the opportunity to ask questions of the nominee at length. Numerous witnesses may also provide testimony after the nominee regarding a variety of factors for the committee to take into consideration.

A nomination can land in trouble when there are concerns regarding the views of the nominee or the character of the nominee. In some instances, political factors that are completely independent of the nominee can thwart a nomination. For instance, during a presidential election year, the Senate might be reluctant to oblige the sitting president by confirming a large number of nominees.

To learn more about the nomination of federal appointments, see TheCapitol.Net’s book, Supreme Court Nominations, and consider the 3-day Capitol Hill Workshop.

Reference: Congressional Deskbook, by Michael L. Koempel and Judy Schneider, Section 10.120 Congress and the Courts, and Section 10.121 Nominations to Federal Courts.

For detailed information about the legislative process, see

• Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Our live courses in Washington, DC:
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