Congressional Digest

Congressional Digest May 2016 No. 5 Vol. 95
Appointment of Supreme Court Justices

Filling a Supreme Court Vacancy

The Conflict Over Replacing Justice Antonin Scalia

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Appointment of Supreme Court Justices

How the Process Works

The appointment of a Supreme Court justice is an event of major significance in American politics. Each appointment to the nine-member Court is of consequence because of the enormous judicial power that the Court exercises, separate from, and independent of, the Executive and Legislative branches. While “on average, a new justice joins the Court almost every two years,” the time at which any given appointment will be made to the Court is unpredictable. Appointments may be infrequent (with a vacancy on the Court occurring only once or twice, or never at all, during a particular President’s years in office) or…

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