Congressional Digest

Supreme Court Debates November 2005 No. 8 Vol. 8
The Judicial Nomination Process

The John Roberts Nomination

Confirmation of a Chief Justice

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The Judicial Nomination Process

A Brief History of Supreme Court Confirmations

The process for nominating justices to the U.S. Supreme Court is described in Article II, Section 2 of the U.S. Constitution: The president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court."Beyond this brief description, no further guidelines are given for the process, nor are any qualifications listed for potential justices. A Supreme Court justice need not even be a lawyer. In fact, according Dr. Patrick Maney, chair of the University of South Carolina’s department of history, President Franklin D. Roosevelt seriously considered nominating Sen. Robert La Follette…

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