Supreme Court: How nominee Amy Coney Barrett's confirmation process will unfold

President Trump's nomination to replace Ruth Bader Ginsburg is quick and controversial – but Republicans could make it happen. Here's how.

9/27/2020 3:36:00 AM

President Trump's nomination to replace Ruth Bader Ginsburg is quick and controversial – but Republicans could make it happen. Here's how.

President Trump's nomination to replace Ruth Bader Ginsburg is quick and controversial – but Republicans could make it happen. Here's how.

2- Background investigationNominees can expect their personal and professional lives will be fully investigated before they are formally selected. The investigation is divided into two parts:Public records and professional credentialsare usually checked by senior Justice Department and White House officials.

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Private background checks, generally conducted by the FBI, which also examines the nominee’s personal finances.The investigations, which become more focused as the list of candidates is whittled down, certify the nominee’s qualifications and look for anything that could prevent a candidate from being confirmed.

3- Judiciary Committee reviewThe nomination is first sent to the Senate Judiciary Committee – 12 Republicans and 10 Democrats – for consideration.In preparation for a hearing, the committee initiates its own “intensive investigation into the nominee’s background” says the Congressional Research Service.

It starts with a detailed questionnaire seeking biographical and financial information and past activities. The document can be extensive; for example, Justice Brett Kavanaugh’s 2018 questionnaire was110 pages with questions and responses.Administrative aides can assist nominees in answering questions. Committee members can ask for more information in addition to the questionnaire.

The committee examines the nominee’s past. It also gets the FBI’s confidential reports, but these are restricted for security.4- Meet and greet on the HillBefore the Senate Judiciary Committee hearing, Barrett, like previous nominees, will pay “courtesy calls” on non-committee senators in their Capitol Hill offices. For some senators, this is may be the first time they meet the nominee they’ll be voting on.

They're important for nominees because"they help establish a rapport with someone who is going to vote on you," Prakash says."You don't want to come off as being arrogant."The meetings may not always work as a charm offensive,"but they do help humanize nominees, who are sometimes treated as political punching bags," Fitzpatrick says.

Senators are not obligated to meet nominees and in the past, some have declined to do so."Senators are going to do what's good for them politically," Fitzpatrick says.American Bar Association evaluationAmerican Bar Associationwill review Barrett and give its recommendation to the Judiciary Committee – this time in an unofficial capacity.

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Since 1956, with some exceptions, presidential administrations have included the ABA in the nomination process of Supreme Court and other judicial candidates.The association received advance information on nominees. It evaluated them and issued ratings based on integrity, competence and judicial temperament. It issued one of three recommendations: Well Qualified, Qualified, or Not Qualified, and forwarded it to the Judiciary Committee.

However, the Trump administration “fired” the ABA in 2017 and said it would not give the association special access to judicial nominees. George W. Bush’s administration did the same during his presidency.The separation stems from a dispute whether the association has shown a preference for Democratic nominees. The ABA maintains it is nonpartisan.

5- 'Murder boards' are practice for hearingsCandidates prepare for Senate Judiciary Committee hearings with “murder boards” – exhausting but necessary sessions in which"they get practice to go in front of the Judiciary Committee," Fitzpatrick says.

"They're asked the questions that senators will probably ask. It gives them a chance to think through their answers."Murder boards are conducted by the administration and designed to be demanding for candidates. Nominees are closely questioned on legal, ethical and constitutional issues that may come up during committee hearings.

The questioning can get tough.Once in front of the committee,"you're bombarded with questions," Prakash says."You don't want to be unprepared. The murder boards give nominees some flavor of what to expect from senators."

That's because"in high-profile hearings, politicians can make a name for themselves by asking pointed questions or engaging with the nominee," Prakash says.6- Committee holds multi-day hearingsThe focus now shifts to the Senate Judiciary Committee, where Supreme Court nominees historically didn’t appear for testimony until 1925. Subsequent appearances were sporadic, but all candidates have testified before the committee since 1955. Hearings usually last 3 to 5 days but can go longer.

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Senators want to learn about nominees, but"if you're a senator, you're thinking about how my vote will affect my political career," Prakash says.In the hearing, nominees can be questioned on those issues and their qualifications and social and political issues. Witnesses, including legal experts or representatives of advocacy groups, can also testify. Confidential matters are held in closed-door sessions.

"Judicial philosophy is a major consideration," Fitzpatrick says."Generally, Republicans want judges who aren't going to make law; Democrats want judges who will."For some nominees, it's a new experience."Most of these judges don't get asked questions," Prakash says."They ask the questions."

"Now they find themselves on the hot seat, being questioned by senators who can be skeptical, hostile, or even angry."7- Committee recommendationWithin a week after the hearing, the committee votes on the nomination. By a majority vote, it can recommend that the Senate either:

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Barrett's U.S. Supreme Court confirmation edges closer after Sunday vote

The Republican-controlled U.S. Senate on Sunday moved closer toward a final confirmation vote on President Donald Trump's Supreme Court nominee, Amy Coney Barrett, on Monday, just over a week before Election Day.

Yes, I can certainly see how a women of faith with an impeccable judicial record would be controversial... I almost get the feeling you support this Each day the House should file articles of imeachment for a different cabinet member. This would delay a SCOTUS vote for at least 30 days. Add in the VP, gives us 32 days minimum before a SCOTUS vote could be held. SpeakerPelosi SenSchumer SCOTUSnominee HouseDemocrats

It will hopefully happen, just as long as the Republicans have a backbone, which has been missing in the past. BREAKING ; Trump officially Nominates Amy Corey Barrett to the U. S. Supreme Court : Praying for her. She is certainly qualified and I have no doubt she will make a great Supreme Court Justice. I’m sad that she will have to endure the Democrats’ lynch mob. Lord give her strength.

Only an idiot would think that this would lead to the overturning of the Roe v. Wade, but there you go. they shouldn’t. you shld report that🤷🏼‍♀️ If you don't already know how nomination and confirmation process works, you're part of this country's problem!!

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Trump Plans To Nominate Amy Coney Barrett To Supreme Court: ReportsBREAKING: Multiple outlets are reporting that Trump will pick the 48-year-old U.S. appeals court judge to replace the late Justice Ruth Bader Ginsburg. It is beautiful to know that the administration has honored RBG's final wish to be replaced by a constitutional conservative. RBG's polar opposite. This is an insult to the court. Figured that much, she's the most insane of all of his choices.

Trump Plans To Nominate Amy Coney Barrett To Supreme Court: ReportsBREAKING: Multiple outlets are reporting that Trump will pick the 48-year-old U.S. appeals court judge to replace the late Justice Ruth Bader Ginsburg. Will she be the first female justice to wear red robes and a white cap? 🙄 Like so many of Trump’s nominees to lifetime federal court seats, Barrett is a member of the Federalist Society, ...have records of being hostile toward abortion rights, LGBTQ rights and voting rights.

Who Is Judge Amy Coney Barrett, Trump’s Expected Supreme Court Pick?Judge Amy Coney Barrett, President Trump’s expected Supreme Court pick, has shared — in her own words — how she thinks justices should approach hot-button social issues. WSJ’s Jason Bellini reports. Photo: Robert Franklin/South Bend Tribune via AP SpeakerPelosi is gonna blow some circuit breakers! 😂 Trump2020 She's literally worse than Clarence Thomas... Just more lies like Brett lol

What Amy Coney Barrett’s Supreme Court Nomination Would Mean For ObamacareTrump’s expected court pick has criticized the Affordable Care Act, and a new lawsuit threatens coverage for many millions obvs it meas So Baptists no longer think Pope is Anti Christ. 6 of 9 will be Catholic. 'SLAY KWEEN!' Am I doing that right?

Trump Plans To Nominate Amy Coney Barrett To Supreme Court: ReportsThe 48-year-old U.S. appeals court judge is a favorite of social conservatives to replace the late Justice Ruth Bader Ginsburg. P.S. to Amy Coney Barrett I figured that out after the 30th Tweet about it. Let's hope she can stay awake, unlike her predecessor.