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CONFIRMATIONS

Judicial nominations — how a federal judge is confirmed

Updated

The Constitution has the President nominate federal judges and the Senate give its advice and consent. Judges confirmed to the Supreme Court, the courts of appeals and the district courts hold office during good behavior, which in practice means for life. Most of the process is set by Senate rules and customs, which have changed in recent years.

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    The President nominates

    When a seat is open, the President sends a nomination to the Senate. The Constitution sets no qualifications for judges; the Senate decides whether a nominee is fit.

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    The Judiciary Committee

    The Senate Judiciary Committee holds a hearing and votes to report the nomination to the full Senate favorably, unfavorably or without recommendation, or takes no action at all. For a lower-court nominee, the committee’s chair first asks the nominee’s two home-state senators for their views on a blue form, the blue slip.

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    Blue slips

    Since 2017 the committee has gone ahead with nominees to the courts of appeals, which cover several states, even without both home-state senators’ approval. A district court nominee still needs positive blue slips from both, so home-state senators can block district judges.

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    A simple majority ends debate

    Ending debate on a nomination once took three-fifths of the Senate (60 votes). In 2013 the Senate lowered that to a majority of senators voting for every nomination except to the Supreme Court, and in 2017 for the Supreme Court too. A nominee can now be confirmed by the majority party alone.

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    Confirmed for good behavior

    A confirmed judge holds office during good behavior, and their pay cannot be cut while they serve. The only way Congress can remove one is impeachment by the House and conviction by two-thirds of the senators present.

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