The U.S. Senate's Process for Confirming Judge Amy Coney Barrett to the U.S. Supreme Court | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

The Senate's Process for Confirming Judge Barrett to Supreme Court

By Jordan Sekulow1601329060812

On Saturday, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the U.S. Supreme Court created by the death of Justice Ruth Bader Ginsburg. Now that the President has fulfilled his duty under Article II, Section 2 of the U.S. Constitution, the jurisdiction over the nomination shifts to the U.S. Senate, which has the constitutional duty to “advise and consent.”

While the Constitution is silent about what process the Senate will follow to fulfill this duty—in fact, Article I, Section 5 of the Constitution gives the Senate sweeping latitude to set its own rules of procedure—we can draw on prior confirmation processes to outline what is likely to occur.

Typically, the U.S. Senate Judiciary Committee will schedule and conduct multiple days of hearings to evaluate the nominee’s qualifications, experience, judicial philosophy, and temperament. While this step in the process is not dictated by the Constitution, it is customary and Senate Judiciary Committee Chairman Lindsey Graham has indeed indicated those hearings will begin on Monday, October 12, 2020.

If recent history is any indication, Day One of those hearings is likely to include opening statements from Senators on the committee, as well as a brief opening statement from Judge Barrett.

Days Two and Three will most likely consist of multiple rounds of questioning from Senators, and responses from Judge Barrett. In all likelihood, this will be the end of Judge Barrett’s time in the hearing room.

The final day of hearings will probably include testimony from outside witnesses—both supporting and opposing. Following the conclusion of the hearing, the committee will recess for a number of days before returning to cast a vote on reporting Judge Barrett to the floor of the Senate. A majority of the committee may forward the nomination to the full Senate with either a favorable or unfavorable recommendation.

Once the nomination reaches the floor of the U.S. Senate, it will need to garner the support of a simple majority of the chamber to both invoke cloture and earn confirmation. If there is a tie vote (presumably 50-50, if all 100 Senators are present and voting), Vice President Mike Pence, acting in his capacity as president of the Senate, will cast the deciding vote. If confirmed, Judge Barrett will be sworn in as an Associate Justice of the U.S. Supreme Court.

While recent history has seen this process become incredibly contentious and divisive, it is yet another example of the strength of our republic, in which we the American people—through our elected officials—engage in self-governance. That republic depends on a federal judiciary—including a U.S. Supreme Court—that is committed to faithfully upholding the U.S. Constitution.

Please add your name to our petition calling on the U.S. Senate to uphold these principles during the confirmation process, and to swiftly confirm Judge Barrett to the Supreme Court who has demonstrated fidelity to the same.

Confirm Judge Barrett to the Supreme Court Now

Supreme Court  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we vigorously fight at the Supreme Court & on Capitol Hill, we need your support. Have your Tax-Deductible gift to defend the Constitution DOUBLED today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Supreme Court

ACLJ Files at SCOTUS to Combat “Cancel Culture” (Sekulow Recap)

By Jordan Sekulow1614808749317

The ACLJ is combating “cancel culture” at the U.S. Supreme Court. Today on Sekulow , we discussed the ACLJ’s new filing at the Supreme Court to fight back against unjust “cancel culture,” which is a direct threat to the constitutional rights of every American. We’re taking the issue to the United...

read more

REPORT: Biden Forming SCOTUS Commission - Court Packing Coming?

By Jordan Sekulow1611872338830

President Biden’s Administration has launched its court packing commission. Today on Sekulow , we discussed President Biden’s new commission on the judiciary. Is this the Biden Administration’s court packing commission? They’d like somewhere between nine and fifteen members of this commission ,

read more

Radio Recap – Breaking: Justice Alito Orders Response in PA Case

By Jay Sekulow1607382023463

Justice Alito has ordered a response in one of the Pennsylvania election cases. On today’s Jay Sekulow Live , we discussed the breaking news that Justice Samuel Alito has ordered a response in the Pennsylvania election case and has moved up the date. Justice Alito wants a response before the...

read more

ACB Confirmed, Democrats Immediately Threaten Court Packing

By Logan Sekulow1603834163705

Last night Justice Amy Coney Barrett was confirmed and immediately the Democrats threatened to pack the courts. On today’s Jay Sekulow Live/The Logan Sekulow ReProgram , we talked about Justice Barrett’s confirmation to the U.S. Supreme Court and the immediate, possibly coordinated, threat by the...

read more