Why filling a Supreme Court vacancy in an election year is so complicated
The Constitution established the Supreme Court in 1789, leaving justice confirmation procedure to Congress. Here's how it works—and how it has changed.
On September 19, the death of U.S. Supreme Court Justice Ruth Bader Ginsburg kicked off immediate speculation as to whether President Donald Trump would be able to replace her as his term draws to a close. Republican Senate Majority Leader Mitch McConnell promised to bring Trump’s nominee to a vote—even though just four years prior he had blocked President Barack Obama’s nomination of Merrick Garland on the grounds that it was an election year.
According to the New York Times, this Supreme Court vacancy is the second-closest to an election ever—the only one that occurred closer was when Chief Justice Roger B. Taney died 27 days before the 1864 presidential election. Then-president Abraham Lincoln delayed his nomination of Salmon P. Chase until after he won reelection.
But much has changed since then in how Supreme Court justices are selected. So what happens next? It helps to first understand how Supreme Court vacancies are filled and how that has changed over the years—lengthening from just days to an average of two to three months and becoming hotly debated public hearings. (Ginsburg's influence on American politics and modern culture inspired women around the world.)
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How the presidential election affects the process
As the U.S. gears up for another nomination battle—with fewer than 45 days to go before the presidential election—a few critical questions have arisen: Will there be enough time for Trump’s eventual nomination to go through? And should the Senate consider it at all this close to the election?
As the Congressional Research Service reports, the overall length of the Supreme Court confirmation process has “increased significantly over the course of more than 200 years.” Once completed within about a week, in recent decades the process has stretched to two to three months. The confirmation process for Obama nominees Sonia Sotomayor and Elena Kagan lasted 66 and 87 days, respectively, while Trump nominees Gorsuch and Brett Kavanaugh lasted 65 and 90 days.
Still, most presidential nominations for the Supreme Court are ultimately confirmed. Since the court’s establishment, 126 of 163 candidates—more than 77 percent—have been confirmed. Given the modern changes in cloture rules—as well as their minority position in the Senate—Democrats have fewer tools at their disposal to stymie Trump’s nominee.
https://www.nationalgeographic.com/history/2020/09/how-supreme-court-vacancies-confirmed/
Good article explaining the confirmation process.
= new reply since forum marked as read
