The Supreme Court in the United States has the final say on what laws mean and whether they align with the Constitution. This power was not given but taken, as the court has the duty to interpret the law. The court's role is crucial, both constitutionally and politically, as it referees and adjusts the laws.
The Supreme Court justices serve for life, making appointments irreversible decisions that affect decades of law. The president nominates a new justice, with no restrictions on who the nominee can be, and the Senate must approve the nominee. The Senate, however, has the power to delay the vote, potentially leading to the president having to nominate a new justice.
The process of appointing a new justice is complex and involves the Judiciary Committee, which conducts a thorough investigation of the nominee's life and opinions. The FBI also investigates the nominee's private life. If the Judiciary Committee approves the nominee, the Senate votes on the nominee. If the Senate votes 'nay', the president must nominate a new justice. If the Senate votes 'yay', the Supreme Court has a new justice.
The Senate has found a constitutional loophole, the pro-forma session, which allows it to take breaks without officially being on recess. This prevents the president from making a recess appointment. The Senate's pro-forma sessions have led to the Nuclear Option, a plan to reduce the number of senators who need to agree with the president's nomination to just one-half.
The Supreme Court has the power to impeach and remove Supreme Court justices, a power that has never been fully exercised. The Constitution also gives the president the power to force the Congress back to the capital and forcibly dismiss them when done, which could potentially be used to make recess appointments.
In the meantime, the current process is straightforward. When a seat opens, the president picks a nominee, and half or more of the Senate must confirm that nominee to the highest court of the land.
1. The Supreme Court is the highest court in the United States, given the final say on what laws really mean and if they're in line with the Constitution.
2. The power of the Supreme Court was not given but taken.
3. The Supreme Court has the duty to say what the Law is.
4. The Supreme Court is supremely important, constitutionally and politically.
5. Each justice serves for life, making appointing a new one an irreversible decision that will affect decades of law.
6. Only when a justice resigns or dies does a seat open.
7. Filling that seat starts with the president, who the Constitution gives the sole, absolute power to select a nominee.
8. No prior judicial experience is required for the nominee.
9. The president can nominate whoever they want, but Congress must approve the nominee.
10. The lower House of Representatives gets to do nothing, it's just the exclusive upper house with its two senators per state that historically decides with a two-thirds majority.
11. The Judiciary Committee conducts the world's most arduous job interview over weeks, asking the nominee just about everything in their lives they've ever done and their opinions on everything that could ever happen.
12. The Senate doesn't work all year round, taking seasonal recesses, often in the summer and in the winter.
13. If a Supreme Court seat opens while the Senate is on recess, according to the Constitution, the president gets to instantly appoint someone straight into the Court who gets to stay there through the current Senate recess and the next Senate session.
14. The Senate doesn't like recess appointments.
15. The Senate found a constitutional loophole: the pro-forma session.
16. The President Pro Tempore of the Senate is the longest-serving senator and who runs the Senate's procedures.
17. The rule in the Constitution is that if the Senate wants to take a three-day break it can do so any time it likes, but a four-day break requires approval from the House of Representatives.
18. The Senate takes just as many breaks as it ever did, but is never officially at recess, so if a justice unexpectedly resigns or dies, the president is blocked from making a recess appointment.
19. The Supreme Court, in a nine zero decision completely agreed with the Senate.
20. The Senate blocked recess appointments to always get to perform their confirmations.
21. The shenanigan escalation was to get the number of senators who need to agree with the president's nomination as low as it can be.
22. The two-thirds vote needed in the Senate to approve a Supreme Court justice was the historical starting place but that got whittled down to three-fifths, then dropped down to half plus one.
23. Congress can impeach and remove Supreme Court justices.
24. The Constitution does have this power where the president can force the Congress back to the capital, presumably to sort out some emergency business, and then can forcibly dismiss them when done.
25. The exact clause has this weird detail that if the Senate and House don't agree on how long their recess will be, the president gets to decide.
26. The Supreme Court will instantly get involved to make the final call if any possible nuclear shenanigans triggered.
27. The current, possible process is pretty straightforward. The Senate never goes on recess, officially. So when a seat opens the president picks a nominee. And half or more of the senate must confirm that nominee to the highest court of the land.