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CRS   INSIGHT


Senate Judiciary Committee Hearings for a Supreme

Court Nominee: Overview

July 12, 2018 (IN10928)




Related  Author


     Barry J. McMillion




Barry J. McMillion, Analyst in American National Government (m, 7-6025)

On July 9, 2018, President Trump announced his scto of Judge Brett Kavanaugh to fill the impending vacancy that
will be created on the U.S. Supreme Court by the retirement of Jstice Anthony Kennedy on July 31, 2018.

Supreme Court nominations since 1949 have routinely received public confirmation hearings before either the Senate
Judiciary Committee or a Judiciary subcommittee. In 1955, hearings on the Supreme Court nomination of John M
Harlan marked the beginning of a practice, continuing to the present, of Court nominees testifying in-person before the
Senate judisiaWrymmitte.

Since 1955, however, there have been 2 nominees (out of a total of 31) who did not receive hearings after being
nominated to the Court. In one instance, the nominatio of Harriet Miers  ithdrawn by President Gere W  Bush
after committee hearings had been scheduled, and in another instance, the nomination of Judge Merrick Garland by
President Obama was not given hearings following decisions by Maiority Leader McConnell and enator Grasl,
chairman of the Judiciary Committee, not to have the Senate act on the nomination.

This Insight provides an overview of several issues related to the Senate Judiciary Committee's hearings for a Supreme
Court nominee. For additional information and analyses on these and other issues, see CRS Report R44236


Prehearing Stage

Upon the President's announcement of a nominee, the Judiciary Committee typically initiates an intensive investigation
into the nominee's background. One primary source of information is a committee questionaire to which the nominee
responds in writing. The questionnaire asks the nominee for detailed biographical and financial disclosure information,
with responses to some questions requiring the retrieval, listing, and summarizing of voluminous information about the
nominee's past experiences or activities.

The Judiciary Committee's confidential background investigation of a Supreme Court nominee also closely reviews,
among other things, the nominee's past professional activities. In this review, committee members and staff examine the
mission of entities that employed or otherwise retained the services of the nominee and the nature and quality of the

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