Frequently Asked Questions: Law Library of Congress

The procedure for appointing a Justice of the Supreme Court of the United States is provided in United States Constitution. The “Appointments Clause” in Article II, Section 2, clause 2, states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.” In other words, a potential Supreme Court Justice must first be nominated by the President, and then confirmed by the Senate, in order to be appointed to the Supreme Court.

The following Congressional Research Service (CRS) reports provide details on the process for filling vacancies on the Supreme Court. It is recommended to use the most recent version of a report where multiple versions are available.

• Supreme Court Appointment Process: President’s Selection of a Nominee (R44235)
• Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee (R44236)
• Supreme Court Appointment Process: Senate Debate and Confirmation Vote (R44234)
• Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (RL33225)

The nomination for Ketanji Brown Jackson on Congress.gov is available at https://www.congress.gov/nomination/117th-congress/1783.