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Sonia Sotomayor and Supreme Court nominations 101
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2006 Photo of Supreme Court Justices
One of the rarest moments in the history of the American democracy comes when there is a vacancy on the United States Supreme Court. It is a rare event when all three branches of the federal government come together for a common purpose. First, the executive branch nominates. Second, the legislative branch considers the nomination, deciding whether the nominee is worthy of a position as a member of the high court. Short of declaring war, Presidents and Senators have said that deciding who should be on the Supreme Court is the most important decision they will make while in office.
Article II, Section 2, states that the President
shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for.... ”
Traditionally, the Senate has deferred to the President on nominations to the Cabinet, but when it comes to the Supreme Court, Senators show less deference to a President’s choice. In the annals of American history, 158 people have been nominated to the Supreme Court. Of that group, 36 were not confirmed. Conversely, of the hundreds of cabinet officials nominated, only 15 have failed to be confirmed.
On May 26,2009, President Obama nominated Sonia Sotomayor to be the replacement for retiring Justice David Souter. For a biography of Judge Sotomayor, please see my article from Tuesday.
Prior to reaching the Senate floor for a final vote, Judge Sotomayor must first address questions that will be raised in hearings held before the Senate Judiciary Committee. This 16 member committee will ask the nominee a barrage of questions on a wide variety of hot button issues. Based on Judge Sotomayor’s answers, the committee will determine whether to advance her nomination to the floor of the Senate. Once on the Senate floor, a roll call vote will occur and upon receiving 51 votes either for or against, a decision on the nomination will be made.
The current members of the Senate Judiciary Committee are:
- Patrick J. Leahy, Chairman, D-Vermont
- Jeff Sessions Ranking Member, R-Alabama
- Herb Kohl, D-Wisconsin
- Orrin G. Hatch. R-Utah
- Dianne Feinstein, D-California
- Charles E. Grassley, R-Iowa
- Russell D. Feingold, D-Wisconsin
- Jon Kyl, R-Arizona
- Charles E. Schumer, D-New York
- Lindsey Graham, R-South Carolina
- Richard J. Durbin, D-Illinois
- John Cornyn, R-Texas
- Benjamin L. Cardin, D-Maryland
- Tom Coburn, R-Oklahoma
- Sheldon Whitehouse, D-Rhode Island
- Al Franken, D-Minnesota
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