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CRS INSIGHT


Senate Judiciary Committee Hearings for Supreme

Court Nominations: Historical Overview and Data

March 13, 2017 (IN10476)




Related Author


     Barry J. McMilli.on




Barry J. McMillion, Analyst in American National Government (bmmillionacrs ic. ov, 7-6025)

After a President submits a Supreme Court nomination to the Senate, the Judiciary Committee assumes the principal
responsibility for investigating the background and qualifications of each Supreme Court nominee. Since the late 1960s,
the Judiciary Committee's consideration of a Supreme Court nomination typically has consisted of three distinct stages
-(1) a pre-hearing investigative stage, followed by (2) public hearings, and concluding with (3) a committee decision
as to whether to recommend approval of the nomination by the full Senate. This CRS Insight provides an historical
overview of the second stage of this process-public hearings on nominations submitted to the Senate.

As of this writing, the Senate Judiciary Committee is set to begin hearings -n March 20 2017, on the nomination of
Judge Neil Gorsuch to fill the vacancy on the Court created by the death of Justice Scalia on February 13, 2016.

Hearings for Supreme Court Nominations Since 1949

Supreme Court nominations from 1949 to 2016 routinely received public confirmation hearings before either the Senate
Judiciary Committee or a Judiciary subcommittee (for a discussion of the nature of such hearings prior to 1949, see £RS
Report R44236). From the nomination of Tm Clark in 1949 through the nomination ofM     in 2016, 33 of
37 Supreme Court nominations (or 89%) received hearings.

Of the 33 nominations that received hearings, 28 were approved by the Senate, 3 were rejected in up-or-down votes by
the Senate, and 2 were later withdrawn by the President (with one of the two being withdrawn after the Senate failed to
invoke cloture on the nomination).

During this same period, as shown by Table 1, there were four nominations that did not receive hearings before the
Senate Judiciary Committee. One nomination did not receive a hearing because it was made for the first time by a
President less than a month before the final adjournment of the 83rd Congress (the Harlan nomination). Mr. Harlan was
renominated at the beginning of the 84th Congress and hearings were held on that nomination.

Another two nominations did not receive hearings because they were withdrawn by the President prior to the scheduled
start of confirmation hearings (the Roberts and Miers nominations). Mr. Roberts, however, was renominated for the

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