Senate Judiciary Committee reviews of nominations to the Supreme Court of the United States

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Sonia Sotomayor appearing before the Judiciary Committee on the first day of hearings on her 2009 nomination to the Supreme Court Sonia Sotomayor on first day of confirmation hearings.jpg
Sonia Sotomayor appearing before the Judiciary Committee on the first day of hearings on her 2009 nomination to the Supreme Court

Since the creation of the Senate Committee on the Judiciary (Judiciary Committee) in 1816, many, but not all, nominations for the Supreme Court of the United States have been first referred to a committee for review prior to facing a confirmation vote before the full United States Senate. [1] Some nominations have been withdrawn, lapsed, or been postponed without being referred to the Judiciary Committee, while some others up until 1941 had proceeded to full Senate confirmation votes without first being reviewed by the Judiciary Committee. However, ever since 1941, all nominations have been referred to the Judiciary Committee. [1]

Contents

In the 19th century and portions of the early 20th century, Judiciary Committee reviews were brief and entailed rather cursory looks at the nominee. However, increasingly since the 1910s, the process became more rigorous. The 1916 nomination of Louis Brandeis was the first to feature public hearings on the nomination and only the second recorded instance of any form of hearings being a part of a Judiciary Committee review of a Supreme Court nomination. From after Brandeis’ 1916 hearings until the mid-1930s, it was regarded as a courtesy to spare nominees from hearings. However, after controversy arose when it was reported shortly after Hugo Black was confirmed in 1937 without much deliberation and without any hearings that he had had association with the Ku Klux Klan, this was changed and it became more common for hearings to be held and for confirmations. The first nominee to testify at hearings on their own nomination was Harlan F. Stone in 1925, but he was the only one to do so until after the controversy surrounding Hugo Black. Since Harold Hitz Burton in 1946, no nominee has proceeded to a confirmation vote without hearings, and only four nominations that have been put forth have since failed to have hearings (all four of which lapsed or were withdrawn without confirmation votes). In more recent confirmations, hearings have often lasted around four or five days.

In more recent practice, between the announcement of the nomination and the start of hearings, the Judiciary Committee undertakes an investigative stage in which committee members and their staffs prepare for the hearings by looking over the background of the nominees and relevant issues. During this stage, nominees are typically prepped by the presidential administration for the hearings, including holding grueling mock-hearings often-dubbed “murder boards”. The nominee also often pays “courtesy call” visits to the offices of individual United States Senators. The American Bar Association's Standing Committee on the Federal Judiciary also usually provides their evaluation of the nominee's qualifications in this period before hearings are held.

Typically, at the end of its reviews of nominations, the Judiciary Committee has reported to the full Senate on the nomination. Often these reports have included either a positive or negative assessment of a nomination. The decision of how the Judiciary Committee reports has been conducted by a vote of its members. Historically, the Judiciary Committee had often published printed volumes outlining its members’ views. However, this has not occurred with any nominations in the 21st century.

Overview of the Judiciary Committee review process

Since 1829, many Supreme Court nominations had been referred to the Senate's Judiciary Committee. In 1868, the Senate adopted a rule that nominations needed to be referred to appropriate standing committees, which has resulted in nearly all subsequent Supreme Court nominations being referred to the Judiciary Committee. [1]

In modern practice, the Judiciary Committee assumes the main responsibility of investigating the qualifications and background of each nominee. Judiciary Committee reviews are not mentioned in the United States Constitution, but have become an important intermediary process between the nomination of a nominee by a president and a vote on the confirmation. [2] The most recent nomination to face a confirmation vote without first being referred to the Judiciary Committee was the 1941 nomination of James F. Byrnes. [1]

From the late-1960s onwards, the Judiciary Committee's review process has nearly always consisted first of the pre-hearing investigative stage, followed by public hearings, and ending with a committee decision on what recommendation the committee should make to the full Senate. [2]

The period of time between nominations and confirmation are longer in recent decades than they once were. Before the early 1950s, the average period of time between nominations being made and votes on confirmation was 13.2 days. In contrast, for nominations spanning between the 1954 nomination of Earl Warren to the 2020 nomination of Amy Coney Barrett, the average time was 54.4 days. [3]

Pre-hearing investigative stage

In modern practice, the period between the nomination being made and the beginning of hearings is utilized by the committee as an investigative stage. [2] This period of time is, in modern practice, intended to be utilized by the committee members and their staffs to prepare for the hearings by looking over the background of the nominees and issues that are relevant to their nominations. [1] [2]

For confirmations with hearings, the amount of time that has passed between the receipt of a nomination by the Senate and the start of the first hearing has differed by nomination. The shortest time interval between these was the four days between the receipt of both the 1932 nomination of Benjamin N. Cardozo and the 1939 nomination of William O. Douglas and the beginning of hearings on those nominations. The second-shortest time interval between these occurrences was the five days between the receipt of both the 1938 nomination of Stanley F. Reed and the 1939 nomination of Felix Frankfurter and the beginning of hearings on the nominations. The longest time interval between these occurrences was the 82 days between the receipt of the 1959 nomination of Potter Stewart and the beginning of hearings on that nomination. The second-longest time interval between those occurrences was the 70 days between the receipt of the 1987 nomination of Robert Bork and the beginning of hearings on that nomination. From the 1960s onwards, the amount of time taken between the receipt of nominations and start of hearings increased over what it had tended to be prior. Prior to 1967 there was a median of only ten days between the receipt of nominations and the beginning of hearings on them. For all nominations between Thurgood Marshall's 1967 nomination and Amy Coney Barrett's 2020 nomination, the median was 27 days between the Senate's receipt of nomination and the beginning of confirmation hearings. Since the 1990s, the Judiciary Committee has typically allowed at least four weeks to elapse between the Senate's receipt of a nomination and the beginning of confirmation hearings. [1] Of the twelve confirmations held since the 1990s, the shortest period between the receipt of the nomination and the start of hearings is the 21 days between the receipt of the 2022 nomination of Ketanji Brown Jackson and the beginning of hearings on her nomination. The second-shortest period between nomination and the start of hearings of the twelve nominations since the start of the 1990s is the 28 that elapsed between the receipt of the 1990 nomination of David Souter and the start of hearings on his nomination. [1] [4] [5]

Amy Coney Barrett paying a "courtesy call" to Senator Jim Risch amid her 2020 Supreme Court nomination Amy Coney Barrett and Jim Risch.jpg
Amy Coney Barrett paying a "courtesy call" to Senator Jim Risch amid her 2020 Supreme Court nomination

It has become a long-standing tradition for nominees to, during this stage, pay "courtesy call" visits to individual senators at their offices, including those senators not on the Judiciary Committee. Also, in typical modern practice, during this pre-hearing stage, the American Bar Association's Standing Committee on the Federal Judiciary provides their evaluation of the nominee's qualifications. [2] The American Bar Association has provided its analysis and a recommendation on the professional qualifications to sit on the Supreme Court of every nominee since 1952. [6]

In modern practice, during this period, the presidential administration usually helps to prepare their nominee for hearings by providing them with legal background materials and by holding mock-hearings with the nominee for practice. These mock-hearings are often called "murder boards" in reference to the grueling demand they place on the nominees. [2]

Hearings

Harlan F. Stone testifying at a hearing on his nomination to the Supreme Court on January 28, 1925, the first instance in which a nominee testified at hearings on their own nomination H.F. Stone appearing before Senate Judiciary Committee, 1-28-25 LCCN2016850005 (1).jpg
Harlan F. Stone testifying at a hearing on his nomination to the Supreme Court on January 28, 1925, the first instance in which a nominee testified at hearings on their own nomination

The first recorded instance in which formal hearings are known to have been held by the Judiciary Committee (or any other committee) in regards to a Supreme Court nomination was on December 16, 1873, when the first of two closed-door hearings was held by the committee to review documents and hear relevant testimony from witnesses about a controversy that had arisen about the nomination of George Henry Williams. This controversy, pertaining to a probe into his use of Department of Justice funds for personal household expenses, had arisen after the committee had issued its initial favorable report on his nomination (approved by the committee on December 11, 1873), but the Senate voted on December 15, 1873, to recommit the nomination (sending it back to committee). There were no more recorded instances of formal committee hearings for a Supreme Court nomination until the 1916 nomination of Louis D. Brandeis, when open door hearings were held. [1] [7]

While there was only one recorded instance of a Supreme Court nomination having Judiciary Committee hearings prior to 1916, Judiciary Committee hearings have since become a regular practice for Supreme Court nominations. [7] They became increasingly prevalent between 1925 and 1946. The 1946 nomination of Harold Hitz Burton is the most recent nomination to proceed to a confirmation vote without having had formal hearings while before the Senate Judiciary Committee. [1] Since then only four nominations put forth by presidents have gone without hearings. Two of these instances (the 2005 nominations of John Roberts and Harriet Miers to the associate judgeship being vacated by the retiring Sandra Day O'Connor) saw the nominations be withdrawn before hearings could be held. Another instance was when the 1954 nomination of John Marshall Harlan II was referred to committee only to lapse without hearings. The most recent instance was when the 2016 nomination of Merrick Garland lapsed without any Senate action. [1]

A witness giving testimony before the Senate Judiciary Committee during the 1939 hearings on the nomination of Felix Frankfurter to be an associate justice First to oppose nomination Frankfurter before Senate Judiciary Subcommittee. First witness before the Senate Judiciary Subcommittee considering the nomination of Felix Frankfurter to the LCCN2016874755.jpg
A witness giving testimony before the Senate Judiciary Committee during the 1939 hearings on the nomination of Felix Frankfurter to be an associate justice
Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice Ruth Bader Ginsburg at her confirmation hearing (a).jpg
Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice

The first nominee to appear before the committee themselves and testify at their own confirmation hearings was Harlan F. Stone in 1925. [1] From after Brandeis' 1916 hearings until the mid-1930s, it had been seen as a courtesy to spare nominees from hearings, particularly as nominees were often already well-regarded individuals, and because hearings were seen as being tied to the appearance of scandal. Additionally, nominees did not appear to testify in-person when hearings did occur (with the exception of Harlan F. Stone). [7] However, this began to change after the confirmation of Hugo Black in 1937. [1] [7] Black had been quickly confirmed after only five days of deliberation, and without any public hearings on the nomination. A month after his confirmation, the Pittsburgh Post-Gazette first reported that Black had been a member of the Ku Klux Klan. [7] President Franklin Roosevelt, who had nominated Black, denied having known this about him. The fact that such an individual had been speedily confirmed without the diligence of having hearings brought concern that the confirmation process was flawed. [7] Time magazine referred to this as, "the prize political scandal of the year." [8] Not too long after, in 1939, Felix Frankfurter became the second Supreme Court nominee to testify at his own confirmation hearings, and was the first to do so at the request of the Judiciary Committee and the first to do so in open session. [7] [9] [10] Frankfurter's testimony only addressed what he regarded to have been slanderous allegations raised against him. [9]

The modern questioning of nominees on their judicial views arose with the nomination hearings for John Marshall Harlan in 1955. His nomination followed shortly after the landmark Brown v. Board of Education decision by the Supreme Court. Several senators from the Southern United States threatened to obstruct Harlan's confirmation, which persuaded Harlan to provide his testimony at hearings. [11] [12] Most nominees since Harlan have appeared before the Judiciary Committee. In the 1950s, 1960s, and part of the 1970, many hearings were perfunctorily. Few hearings saw extended questioning or comments from members of the Judiciary Committee. [10] In these decades, hearings were not lengthy either, with nominees typically only spending a few hours before the committee. [13]

During the late civil rights and post-Watergate eras, hearings began to see more substantive issues be discussed. [10] This, according to Robert Katzmann, "reflects in part the increasing importance of the Supreme Court to interest groups in the making of public policy." With this transformation have come longer confirmation hearings. In 1967, for example, Thurgood Marshall spent about seven hours in front of the committee. In 1987, Robert Bork was questioned for 30 hours over five days, with the hearings as a whole lasting for 12 days. [14] An estimated 150–300 interest groups were involved in the Bork confirmation process. [15]

Hearing for recent nominations have typically lasted four or five days. The Senate may decide to hold additional hearings if a nomination becomes controversial, an example of this being the eleven days of hearings given to the 1983 nomination of Robert Bork. [2] The first hearings to receive gavel-to-gavel television coverage was those for the 1981 nomination of Sandra Day O'Connor. [2]

Hearings tend to examine the background of the nominee, and directly question the nominee about their own work experiences, views on a variety of constitutional issues, and their general judicial philosophy. [16] [11] The hearings also tend to include testimony from various outside witnesses both in support and opposition to a nomination. [17] Among them is the American Bar Association. [6]

The table below notes the approximate number of hours that media sources estimate Supreme Court nominees since 2005 (excluding those whose nomination was withdrawn) have spent before the Senate Judiciary Committee for public testimony:

Approximate number of hours of public testimony
from Supreme Court nominees since 2005
YearNominee# Hours
2005 John Roberts (CJ)17 [18]
2006 Samuel Alito 18 [19]
2009 Sonia Sotomayor 12+ [20]
2010 Elena Kagan 17 [21]
2016 Merrick Garland (NC)0 [22]
2017 Neil Gorsuch 20 [23]
2018 Brett Kavanaugh 32+ [upper-alpha 1] [24]
2020 Amy Coney Barrett 20 [25]
2022 Ketanji Brown Jackson 24 [26]

Reports

First page of the printed report of the Judiciary Committee on the 1916 nomination of Louis Brandeis First page of Judiciary Committee majority report on the nomination of Louis Brandeis.jpg
First page of the printed report of the Judiciary Committee on the 1916 nomination of Louis Brandeis

The Judiciary Committee generally gives a report to the Senate in modern practice. [1] Typically, the committee meets in open session within a week of the end of hearings in order to determine what their report will be. Typical practice is to report even on nominations the majority of the committee opposes, in order to allow for the full Senate to make a final decision on whether to confirm or not. [2] Without an affirmative vote, a nomination cannot proceed to the floor of the Senate unless the Senate votes to discharge it from the committee. The rarely needed parliamentary procedure of discharging a nomination from committee was used to move the 2022 nomination of Ketanji Brown Jackson forward after the Judiciary Committee deadlocked along party lines in a vote on whether to give it a favorable recommendation. [27] [28]

While early reports typically did not include an assessment or recommendation, it had since become common practice for reports to. [1] The 1991 nomination of Clarence Thomas was the most recent instance in which the Judiciary Committee voted to report without a recommendation (which it did only after an earlier committee vote on whether to report positively on his nomination had failed to pass). [1] The most recent instance where no recommendation was given, however, was the 2022 confirmation of Ketanji Brown Jackson, with the aforementioned move by the Senate to vote without a Judiciary Committee recommendation after the committee deadlocked. However, unlike with Thomas' nomination, the move to advance from committee review to full-Senate consideration of the confirmation without a recommendation was not made by a vote of the Judiciary Committee, but rather by a vote of the full Senate. [28]

Seven nominations have received negative committee report (either an “unfavorable” recommendation, an “adverse” report, or a report featuring a “recommendation not to act”). The only two instances in which the Senate has confirmed a nominee that had received a negative committee report were the nominations of Stanley Matthews in 1881 and Lucius Quintus Cincinnatus Lamar in 1888. The most recent instance in which the committee gave a nomination a negative report was the 1987 nomination of Robert Bork, whose nomination was rejected by the Senate. [1]

Only six nominations that have received favorable committee reports have failed to result in a confirmation. [1]

While, previously, the Senate Judiciary Committee regularly provided printed committee reports, from the 2005 nomination of John Roberts onwards, nominations have gone without one. Printed reports were prepared behind closed doors after the committee had held their vote and provided a single volume outlining the views of committee members on the nomination as well as supplemental minority or additional views. [2]

Judiciary Committee chairs

The Judiciary Committee is led by a chair.

Two Judiciary Committee chairs (Martin Van Buren and Joe Biden) would subsequently serve as president of the United States. Both put forward nominations to the Supreme Court during their presidencies. However, of the two, only Biden had any nominations referred to the Judiciary Committee during his tenure as its chair. [1] [29]

One Judiciary Committee chair, John J. Crittenden, was subsequently nominated to the Supreme Court. Crittenden was not confirmed, however, as his nomination lapsed after a recommendation from the Judiciary Committee that the Senate not act on the nomination. During Crittenden's tenure as Judiciary Committee chair, no nominations were recorded as having been formally reviewed by the committee. In fact, his own subsequent nomination is the first recorded instance of the committee receiving a nomination for review. [1] [29]

Below is a table listing chairs of the Senate Judiciary Committee, with the number of nominations that were referred to the committee during their tenure(s) as chair:

Chairs of the Senate Judiciary Committee
NamePartyTenureTotal number of
nominations
referred to
Judiciary
Committee
during tenure
Cumulative
total for
all tenures
Dudley Chase Democratic-Republican 1816–181700
John J. Crittenden Democratic-Republican 1817–181800
James Burrill Jr. Federalist 1818–181900
William Smith Democratic-Republican 1819–182300
Martin Van Buren Democratic-Republican 1823–182800
John Macpherson Berrien
(first tenure)
Jacksonian 1829–183107
John Rowan Democratic-Republican 1829–183111
William L. Marcy Jacksonian 1831–183200
William Wilkins Jacksonian 1832–183300
John M. Clayton Anti-Jacksonian 1833–183611
Felix Grundy Jacksonian 1836–183855
Garret D. Wall Democratic 1838–184100
John Macpherson Berrien
(second tenure)
Whig 1841–184577
Chester Ashley Democratic 1845–184733
Andrew Butler Democratic 1847–185744
James A. Bayard Jr. Democratic 1857–186111
Lyman Trumbull Republican 1861–187288
George G. Wright Republican 187200
George F. Edmunds
(first tenure)
Republican 1872–1879412
Allen G. Thurman Democratic 1879–188122
George F. Edmunds
(second tenure)
Republican 1881–1891812
George Frisbie Hoar
(first tenure)
Republican 1891–189326
James L. Pugh Democratic 1893–189533
George Frisbie Hoar
(second tenure)
Republican 1895–190446
Orville H. Platt Republican 1904–190500
Clarence D. Clark Republican 1905–191266
Charles Allen Culberson Democratic 1912–191933
Knute Nelson Republican 1919–192333
Frank B. Brandegee Republican 1923–192400
Albert B. Cummins Republican 1924–192611
George W. Norris Republican 1926–193344
Henry F. Ashurst Democratic 1933–194155
Frederick Van Nuys Democratic 1941–194533
Pat McCarran
(first tenure)
Democratic 1945–194724
Alexander Wiley Republican 1947–194900
Pat McCarran
(second tenure)
Democratic 1949–195324
William Langer Republican 1953–195533
Harley M. Kilgore Democratic 1955–195611
James Eastland Democratic 1956–19781616
Ted Kennedy Democratic 1978–198100
Strom Thurmond Republican 1981–198733
Joe Biden Democratic 1987–199566
Orrin Hatch
(first tenure)
Republican 1995–200100
Patrick Leahy
(first tenure)
Democratic 200102
Orrin Hatch
(second tenure)
Republican 200100
Patrick Leahy
(second tenure)
Democratic 2001–200302
Orrin Hatch
(third tenure)
Republican 2003–200500
Arlen Specter Republican 2005–200744
Patrick Leahy
(third tenure)
Democratic 2007–201522
Chuck Grassley Republican 2015–201933
Lindsey Graham Republican 2019–202111
Dick Durbin Democratic 2021–present11
General source: [1] [29]

Actions on nominations by other committees prior to the creation of the Senate Judiciary Committee

NomineeNominated bySenate
majority
party
Committee actionSubsequent action/
outcome
PresidentPartyCommitteeCommittee chairPublic hearing date(s)Final vote dateFinal vote
Alexander Wolcott Madison Dem-Rep Dem-Rep Select committee No record of hearingFebruary 13, 1811ReportedRejected by Senate (9–24) on February 13, 1811
General source: [1] [30]

List of Judiciary Committee actions

The following is a list of Senate Judiciary Committee actions on nominations for the Supreme Court of the United States. Excluded from this list are nominations for which there either was no committee referral or for which no record exists of any committee referral.

NomineeNominated bySenate
majority
party
Committee actionSubsequent action/
outcome
PresidentPartyCommittee chairPublic hearing date(s)Final vote dateFinal vote
John J. Crittenden J. Q. Adams Rep (A-C) Rep (J-C) John Rowan No record of hearingJanuary 26, 1829Reported with recommendation not to actPostponed by Senate (23–17) [upper-alpha 2] on February 12, 1829
James Moore Wayne Jackson Democratic Natl Rep John M. Clayton No record of hearingJanuary 9, 1835ReportedConfirmed by voice vote on January 9, 1835
Roger B. Taney (second nomination) Democratic Felix Grundy No record of hearingJanuary 5, 1836ReportedConfirmed (29–15) on March 15, 1836
Philip P. Barbour No record of hearingJanuary 5, 1836ReportedConfirmed (30–11) on March 15, 1836
John Catron No record of hearingMarch 8, 1937ReportedConfirmed (23–18) on March 8, 1937
William Smith No record of hearingMarch 8, 1937ReportedConfirmed (28–15) on March 8, 1937
John McKinley [upper-alpha 3] Van Buren No record of hearingSeptember 25, 1937ReportedConfirmed by voice vote on September 25, 1837
John C. Spencer Tyler None Whig John Macpherson Berrien No record of hearingJanuary 30, 1844ReportedRejected by Senate (21–26) on January 31, 1844
Reuben Walworth No record of hearingJune 14, 1844ReportedTabled (postponed) by Senate on June 15, 1844 (27–20); nomination withdrawn on June 17, 1844
Edward King No record of hearingJune 14, 1844ReportedTabled (postponed) by Senate on June 15, 1844 (29–18)
Reuben Walworth No record of hearingJanuary 21, 1845ReportedTabled (postponed) by Senate on January 21, 1845; nomination withdrawn on February 6, 1845
Edward King No record of hearingJanuary 21, 1845ReportedTabled (postponed) by Senate on January 21, 1845; nomination withdrawn on February 8, 1845
Samuel Nelson No record of hearingFebruary 8, 1845ReportedConfirmed by voice vote on February 14, 1845
John M. Read No record of hearingFebruary 14, 1845ReportedLapsed
Levi Woodbury [upper-alpha 3] Polk Democratic Democratic Chester Ashley No record of hearingJanuary 3, 1846ReportedConfirmed by voice vote on January 3, 1846
George Woodward No record of hearingJanuary 20, 1846ReportedRejected by Senate (20–29) on January 22, 1846
Robert Cooper Grier No record of hearingAugust 4, 1846ReportedConfirmed by voice vote on August 4, 1846
Benjamin R. Curtis [upper-alpha 3] Fillmore Whig Andrew Butler No record of hearingDecember 23, 1851ReportedConfirmed by voice vote on December 23, 1851
Edward A. Bradford No record of hearingAugust 30, 1852ReportedTabled by Senate; lapsed
William C. Micou No record of hearingN/AOn February 24, 1853 (the same day the Senate referred the nomination to committee), the Senate ordered the committee to discharge the nominationLapsed
John A. Campbell Pierce Democratic No record of hearingMarch 22, 1853ReportedConfirmed by voice vote on March 22, 1853
Nathan Clifford Buchanan James A. Bayard Jr. No record of hearingDecember 9, 1857ReportedConfirmed (26–23) on January 12, 1858
Noah Haynes Swayne Lincoln Republican Republican Lyman Trumbull No record of hearingFebruary 6, 1861ReportedConfirmed (38–1) on January 24, 1862
David Davis [upper-alpha 3] No record of hearingDecember 5, 1862ReportedConfirmed by voice vote on December 8, 1862
Stephen Johnson Field No record of hearingMarch 9, 1863ReportedConfirmed by voice vote on March 10, 1863
Henry Stanbery A. Johnson Natl Union No record of hearingN/AReferred to Judiciary Committee on April 16, 1866, but no record exists of any committee voteLapsed [upper-alpha 4]
Ebenezer R. Hoar Grant Republican No record of hearingDecember 22, 1869Reported adverselyRejected by Senate (24–33) on February 3, 1870
William Strong No record of hearingFebruary 14, 1870Reported favorablyConfirmed by voice vote on February 18, 1870
Joseph P. Bradley No record of hearingFebruary 14, 1870Reported favorablyConfirmed (46–9) on March 21, 1870
Ward Hunt No record of hearingDecember 11, 1872Reported favorablyConfirmed by voice vote on December 11, 1872
George Henry Williams George F. Edmunds No record of hearingDecember 11, 1873Reported favorablyRecommitted (returned to the committee) on December 15, 1873; nomination withdrawn on January 8, 1874
Closed hearings on Dec 16 and 17, 1873N/A
Caleb Cushing No record of hearingJanuary 9, 1874Reported favorablyNomination withdrawn on January 13, 1874
Morrison Waite No record of hearingJanuary 20, 1874Reported favorablyConfirmed (63–0) on January 21, 1874
John Marshall Harlan Hayes No record of hearingNovember 26, 1877Reported favorablyConfirmed by voice vote on November 29, 1877
William Burnham Woods Democratic Allen G. Thurman No record of hearingDecember 20, 1880Reported favorablyConfirmed (39–8) on December 21, 1880
Stanley Matthews No record of hearingFebruary 7, 1881ConsideredLapsed
No record of hearingFebruary 14, 1881Postponed
Stanley Matthews Garfield Republican George F. Edmunds No record of hearingMay 9, 1881Reported adversely (6–1)Confirmed (24–23) on May 12, 1881
Horace Gray Arthur SplitNo record of hearingDecember 20, 1881Reported favorablyConfirmed (51–5) on December 20, 1881
Roscoe Conkling No record of hearingMarch 2, 1882Reported favorablyConfirmed [upper-alpha 5] (39–12) on March 2, 1882
Samuel Blatchford No record of hearingMarch 22, 1882Reported favorablyConfirmed by voice vote on March 22, 1882
Lucius Q. C. Lamar II Cleveland Democratic Republican No record of hearingJanuary 10, 1888Reported adversely (5–4)Confirmed (32–28) on January 16, 1888
Melville Fuller No record of hearingJuly 2, 1888Reported without recommendationConfirmed (41–20) on July 20, 1888
David Josiah Brewer B. Harrison Republican No record of hearingDecember 16, 1889Reported favorablyConfirmed (53–11) on December 18, 1889
Henry Billings Brown No record of hearingDecember 29, 1890Reported favorablyConfirmed by voice vote on December 29, 1890
George Shiras Jr. George Frisbie Hoar No record of hearingJuly 25, 1892Reported favorablyConfirmed by voice vote on July 26, 1892
Howell E. Jackson No record of hearingFebruary 13, 1893Reported favorablyConfirmed by voice vote on February 18, 1893
William B. Hornblower Cleveland Democratic Democratic James L. Pugh No record of hearingSeptember 25, 1893;
October 25, 1893;
October 30, 1893
ConsideredLapsed
William B. Hornblower No record of hearingDecember 11, 1893;
December 14, 1893;
December 18, 1893
ConsideredRejected (24–30) on January 15, 1894
No record of hearingJanuary 8, 1894Reported adversely
Wheeler H. Peckham No record of hearingFebruary 12, 1894Committee divided (5–5) in vote on question of reporting favorability; ultimately reported without recommendationRejected (32–41) on February 16, 1894
Rufus W. Peckham Republican George Frisbie Hoar No record of hearingDecember 9, 1895Reported favorablyConfirmed by voice vote on December 9, 1895
Joseph McKenna McKinley Republican No record of hearingJanuary 13, 1898Reported favorablyConfirmed by voice vote on January 21, 1898
Oliver W. Holmes Jr. T. Roosevelt No record of hearingDecember 4, 1902Reported favorablyConfirmed by voice vote on December 4, 1902
William R. Day No record of hearingFebruary 19, 1903Reported favorablyConfirmed by voice vote on February 23, 1903
William Henry Moody Clarence D. Clark No record of hearingDecember 10, 1906Reported favorablyConfirmed by voice vote on December 12, 1906
Horace Harmon Lurton Taft No record of hearingDecember 16, 1909Reported favorablyConfirmed by voice vote on December 20, 1909
Charles Evans Hughes No record of hearingFebruary 5, 1910Reported favorablyConfirmed by voice vote on May 2, 1910
Willis Van Devanter No record of hearingDecember 15, 1910Reported favorablyConfirmed by voice vote on December 15, 1910
Joseph Rucker Lamar No record of hearingDecember 15, 1910Reported favorablyConfirmed by voice vote on December 15, 1910
Mahlon Pitney No record of hearingMarch 4, 1912Reported favorablyConfirmed (50–26) on March 13, 1912
James C. McReynolds Wilson Democratic Democratic Charles Allen Culberson No record of hearingAugust 19, 1914Reported favorablyConfirmed (44–6) on August 29, 1914
Louis Brandeis Feb. 9–10, 1916;
Feb. 15–18, 1916;
Feb. 24–26, 1916;
Feb. 29 – March 4, 1916;
March 6–8, 1916;
March 14–15, 1916
May 24, 1916Reported favorably (10–8) Confirmed (47–22) on June 1, 1916
John Hessin Clarke No record of hearingJuly 24, 1916Reported favorablyConfirmed by voice vote on July 24, 1916
Pierce Butler Harding Republican Republican Knute Nelson No record of hearingNovember 28, 1922Reported favorablyLapsed
Pierce Butler Closed hearings held on Dec 12 and 13, 1922December 18, 1922Reported favorablyMotion to recommit defeated (7–63) on December 21, 1922; confirmed (61–8) on December 21, 1922
Edward Terry Sanford No record of hearingJanuary 28, 1923Reported favorablyConfirmed by voice vote on January 29, 1923
Harlan F. Stone Coolidge Albert B. Cummins Closed hearing held on January 12, 1925January 21, 1925Reported favorablyRecommitted (returned to committee) on January 26, 1925;
confirmed (71–6) on February 5, 1925
Closed hearing [7] held on January 28, 1925February 2, 1925Reported favorably
Charles Evans Hughes Hoover George W. Norris No record of hearingFebruary 10, 1930Reported favorably (10–2)Motion to recommit defeated (3–49) on February 13, 1930; confirmed (52–26) on February 13, 1930
John J. Parker April 5, 1930April 21, 1930Reported adverselyRejected (39–41) on May 7, 1930
Owen Roberts No record of hearingMay 19, 1930Reported favorablyConfirmed by voice vote on May 20, 1930
Benjamin N. Cardozo February 19, 1932February 23, 1932Reported favorablyConfirmed by voice vote on February 24, 1932
Hugo Black F. D. Roosevelt Democratic Democratic Henry F. Ashurst No record of hearingAugust 16, 1937Reported favorably (13–4)Confirmed (63–16) on August 17, 1937
Stanley Forman Reed January 20, 1938January 24, 1938Reported favorablyConfirmed by voice vote on January 25, 1938
Felix Frankfurter Jan. 10–12, 1939January 16, 1939Reported favorablyConfirmed by voice vote on January 17, 1939
William O. Douglas March 24, 1939March 27, 1939Reported favorablyConfirmed (62–4) on April 4, 1939
Frank Murphy January 11, 1940January 15, 1940Reported favorablyConfirmed by voice vote on January 16, 1940
Harlan F. Stone [upper-alpha 6] Frederick Van Nuys June 21, 1941June 23, 1941Reported favorablyConfirmed by voice vote on June 27, 1941
Robert H. Jackson June 21, 1941;
June 23, 1941;
June 27, 1941;
June 30, 1941
June 23, 1941Reported favorablyConfirmed by voice vote on July 7, 1941
Wiley Rutledge January 22, 1943February 1, 1943Reported favorably Confirmed by voice vote on February 8, 1943
Harold Hitz Burton Truman Pat McCarran No record of hearingSeptember 19, 1945Reported favorablyConfirmed by voice vote on September 19, 1945
Fred M. Vinson June 14, 1946June 19, 1946Reported favorablyConfirmed by voice vote on June 20, 1946
Tom C. Clark Aug. 9–11, 1949August 12, 1949Reported favorablyConfirmed (73–8) on August 18, 1949
Sherman Minton September 27, 1949October 3, 1943Reported favorably (9–2)Motion to recommit defeated on October 4, 1949; confirmed (48–16) on October 4, 1949
Earl Warren [upper-alpha 3] Eisenhower Republican Republican William Langer February 2, 1954;
February 19, 1954
February 24, 1954Reported favorably (12–3)Confirmed by voice vote on March 1, 1954
John Marshall Harlan II No hearing heldN/AReferred to Judiciary Committee on September 9, 1945, but no record exists of any committee voteLapsed
John Marshall Harlan II Democratic Harley M. Kilgore February 25, 1955March 10, 1955Reported favorably (10–4)Confirmed (71–11) on March 16, 1955
William J. Brennan Jr. [upper-alpha 3] James O. Eastland Feb 26 and 27, 1957March 4, 1957Reported favorablyConfirmed by voice vote on March 19, 1957
Charles Evans Whittaker March 18, 1957March 19, 1957Reported favorablyConfirmed by voice vote on March 19, 1957
Potter Stewart [upper-alpha 3] Apr 9 and 14, 1959May 5, 1959Reported favorably (12–3)Confirmed (70–17) on May 5, 1959
Byron White Kennedy Democratic April 11, 1962April 11, 1962Reported favorablyConfirmed by unanimous consent on April 11, 1962
Arthur Goldberg Sep 11 and 13, 1962September 25, 1962Reported favorablyConfirmed by unanimous consent on September 25, 1962
Abe Fortas L. Johnson August 5, 1965August 10, 1965Reported favorablyConfirmed by unanimous consent on August 11, 1965
Thurgood Marshall July 13, 14, 18, 19 and 24, 1967August 3, 1967Reported favorably (11–5) Confirmed (69–11) on August 30, 1967
Abe Fortas [upper-alpha 6] Jul 11 and 12, 1968;
Jul. 16–20, 1968;
Jul 22 and 23, 1968;
September 13, 1968
September 16, 1968
September 17, 1968Reported favorably (11–6) Cloture motion rejected (45–43) on October 1, 1968; nomination withdrawn [upper-alpha 7] on October 2, 1968
Homer Thornberry Jul 11 and 12, 1968;
Jul. 16–20, 1968;
Jul 22 and 23, 1968;
September 13, 1968
September 16, 1968
N/ANo committee vote takenNomination withdrawn on October 2, 1968
Warren E. Burger Nixon Republican June 3, 1969June 3, 1969Reported favorablyConfirmed (74–3) on June 9, 1969
Clement Haynsworth Sep. 16–19, 1969;
Sep. 23–26, 1969
October 9, 1969Reported favorably (10–7)Rejected (45–55) on November 21, 1969
G. Harrold Carswell Jan. 7–9, 1970;
Feb 2 and 3, 1970
February 16, 1970Reported favorably (13–4)Rejected (45–51) on April 8, 1970
Harry Blackmun April 29, 1970May 6, 1970Reported favorably (17–0)Confirmed (94–0) on May 12, 1970
Lewis F. Powell Jr. Nov 3 and 4, 1971;
Nov. 8–10, 1971
November 23, 1971Reported favorably (17–0)Confirmed (89–1) on December 6, 1971
William Rehnquist Nov 3 and 4, 1971;
Nov. 8–10, 1971
November 23, 1971Reported favorably (12–4)Confirmed (68–26) on December 10, 1971
John Paul Stevens Ford Dec. 8–10, 1975December 11, 1975Reported favorably (13–0)Confirmed (98–0) on December 17, 1975
Sandra Day O'Connor Reagan Republican Strom Thurmond Sep. 9–11, 1981September 15, 1981Reported favorably (17–1)Confirmed (99–0) on September 21, 1981
William Rehnquist [upper-alpha 6] Jul. 29 – August 1, 1986August 14, 1986Reported favorably (13–5)Confirmed (65–33) on September 17, 1986
Antonin Scalia Aug 5 and 6, 1986August 14, 1986Reported favorably (18–0)Confirmed (98–0) on September 17, 1986
Robert Bork Democratic Joe Biden Sep. 15–19, 1987;
Sep. 21–23, 1987;
September 25, 1987;
Sep. 29–30, 1987
October 6, 1987Motion to report favorably rejected (5–9); reported unfavorably (9–5) Rejected (42–58) on October 23, 1987
Anthony Kennedy Dec. 14–16, 1987January 27, 1988Reported favorably (14–0)Confirmed (97–0) on February 3, 1988
David Souter G. H. W. Bush Sep 13 and 14, 1990;
Sep. 17–19, 1990
September 27, 1990Reported favorably (13–1)Confirmed (90–9) on October 2, 1990
Clarence Thomas Sep. 10–13, 1991;
Sep. 16–17, 1991;
Sep 19 and 20, 1991;
Oct. 11–13, 1991
September 27, 1991Motion to report favorably failed (7–7); reported without recommendation (13–1) Confirmed (52–48) on October 15, 1991
Ruth Bader Ginsburg Clinton Democratic Jul, 20–23, 1993July 29, 1993Reported favorably (18–0)Confirmed (96–3) on August 3, 1993
Stephen Breyer Jul. 12–15, 1994July 19, 1994Reported favorably (18–0)Confirmed (87–9) on July 29, 1994
John Roberts G. W. Bush Republican Republican Arlen Specter No hearing heldN/ANomination referred to Judiciary Committee on July 29, 2005. No committee vote taken. Nomination withdrawn on September 6, 2005
John Roberts Sep. 12–15, 2005September 22, 2005Reported favorably (13–5) Confirmed (78–22) on September 29, 2005
Harriet Miers No hearing heldN/ANomination referred to Judiciary Committee on October 7, 2005. No committee vote taken. Nomination withdrawn on October 28, 2005
Samuel Alito Jan. 9–13, 2006January 24, 2006Reported favorably (10–8) Confirmed (58–42) on January 31, 2006
Sonia Sotomayor Obama Democratic Democratic Patrick Leahy Jul. 13–16, 2009July 28, 2009Reported favorably (13–6) Confirmed (68–31) on August 6, 2009
Elena Kagan Jun. 28 – Jul 1, 2010July 20, 2010Reported favorably (13–6) Confirmed (63–37) on August 5, 2010
Merrick Garland Republican Chuck Grassley No hearing heldN/ANomination referred to Judiciary Committee on March 16, 2016. No committee vote taken. Lapsed
Neil Gorsuch Trump Republican Mar. 20–23, 2017April 3, 2017Reported favorably (11–9) Confirmed (54–45) on April 7, 2017
Brett Kavanaugh Sep. 4–7, 2018;
September 27, 2018
September 28, 2018Reported favorably (11–9) Confirmed (50–48) on October 6, 2018
Amy Coney Barrett Lindsey Graham Oct. 12–15, 2020October 22, 2020Reported favorably (12–0) [upper-alpha 8] Confirmed (52–48) on October 26, 2020
Ketanji Brown Jackson Biden Democratic Democratic Dick Durbin March 21–24, 2022 [5] [31] April 3, 2022 [32] Motion to report favorably deadlocked (11–11), thus failing. [32] Senate subsequently voted 53–47 on April 4, 2022, to discharge the nomination from committee [33] Confirmed 53–47 on April 7, 2022
General sources: [1] [2] [29] [30] [34]

Motions to refer nominations to the Judiciary Committee

Several times the Senate has held votes on whether to have the Judiciary Committee review a nomination.

Motions to recommit

Several votes have been held on whether to return a nomination to committee for further review.

NomineeNominated byRecommitting voteCite
PresidentParty of PresidentDate of voteOutcome"Yea" votes"Nay" votesMajority partyVote by party
Total%Total% Democratic Republican Other Parties
Total "yaes"Total "nays"Total "yaes"Total "nays"Party nameTotal "yaes"Total "nays"
George Henry Williams Grant Republican December 15, 1873RecommittedVoice vote Republican
Pierce Butler Harding December 21, 1922Motion defeated710.00%6390.00%
Harlan F. Stone Coolidge January 26, 1925RecommittedVoice vote [35]
Charles Evans Hughes Hoover February 13, 1930Motion defeated3138.75%4961.25%19111238 Farmer-Labor 00 [36]
Hugo Black F. D. Roosevelt Democratic August 17, 1937Motion defeated1518.52%6681.48% Democratic 65995 Farmer-Labor 01 [37]
Wisconsin Progressive 01
Independents00
Sherman Minton Truman October 4, 1949Motion defeated2127.63%4559.21%236199 [38]
General source: [1]

Other motions

The 1826 nomination of Robert Trimble by John Quincy Adams saw a successful effort to first refer the nomination to the Judiciary Committee, with the Senate voting to reject the motion to do so. The Senate defeated a motion to refer this nomination to the Judiciary Committee by a 7–25 vote on May 9, 1826. The Senate confirmed the nomination later that day. [1]

Nominations that were not referred to the Judiciary Committee

The following outlines United States Supreme Court nominations that were not referred to the Judiciary Committee

Nominations predating the creation of the Judiciary Committee

List of nominations predating the creation of the Judiciary Committee
NomineeNominated bySenate
majority
party
Outcome
PresidentParty
John Jay Washington None Pro Admin Confirmed by voice vote on September 26, 1789
John Rutledge Confirmed by voice vote September 26, 1789
William Cushing Confirmed by voice vote on September 26, 1789
James Wilson Confirmed by voice vote on September 26, 1789
John Blair Jr. Confirmed by voice vote on September 26, 1789
Robert H. Harrison Confirmed [upper-alpha 5] by voice vote on September 26, 1789
James Iredell Confirmed by voice vote on February 10, 1790
Thomas Johnson [upper-alpha 3] Confirmed by voice vote on November 7, 1791
William Paterson Nomination withdrawn on February 28, 1793
William Paterson Confirmed by voice vote on March 4, 1793
John Rutledge [upper-alpha 3] Federalist Rejected (10–14) on December 15, 1795 [39]
William Cushing [upper-alpha 6] Confirmed [upper-alpha 9] by voice vote on January 27, 1796
Samuel Chase Confirmed by voice vote on January 27, 1796
Oliver Ellsworth Confirmed (21–1) on March 4, 1796 [40]
Bushrod Washington [upper-alpha 3] J. Adams Federalist Confirmed by voice vote on December 20, 1798
Alfred Moore Confirmed by voice vote on December 10, 1799
John Jay Confirmed [upper-alpha 5] by voice vote on December 19, 1800
John Marshall Confirmed by voice vote on January 27, 1801
William Johnson Jefferson Dem-Rep Dem-Rep Confirmed by voice vote on March 24, 1804
Henry B. Livingston [upper-alpha 3] Confirmed by voice vote on December 17, 1806
Thomas Todd Confirmed by voice vote on March 2, 1807
Levi Lincoln Sr. Madison Confirmed [upper-alpha 5] by voice vote on January 3, 1811
Alexander Wolcott Rejected (9–24) on February 13, 1811 [41]
John Quincy Adams Confirmed [upper-alpha 5] by voice vote on February 22, 1811
Joseph Story Confirmed by voice vote on November 18, 1811
Gabriel Duvall Confirmed by voice vote on November 18, 1811
General sources: [1]

After the creation of the Judiciary Committee

List of nominations that were not referred to the Judiciary Committee
NomineeNominated bySenate
majority
party
Outcome
PresidentParty
Smith Thompson [upper-alpha 3] Monroe Dem-Rep Dem-Rep Confirmed by voice vote on December 9, 1823
Robert Trimble J. Q. Adams Adams Rep Jacksonian Confirmed (27–5) on May 9, 1826
John McLean Jackson Jacksonian Confirmed by voice vote on March 7, 1829
Henry Baldwin Confirmed (41–2) on January 6, 1830 [42]
Roger B. Taney (first nomination) Democratic Natl Rep Postponed (23–22) on March 3, 1835 [43]
Peter Vivian Daniel Van Buren Democratic Confirmed (25–5) on March 2, 1841 [44]
George E. Badger Fillmore Whig Postponed (26–15) on February 11, 1853 [45]
Jeremiah S. Black Buchanan Democratic Lapsed [upper-alpha 10]
Samuel Freeman Miller Lincoln Republican Republican Confirmed by voice vote on July 16, 1862
Salmon P. Chase Confirmed by voice vote on December 6, 1864
Edwin Stanton Grant Confirmed [upper-alpha 11] (46–11) by voice vote on December 20, 1869 [47]
Edward D. White Cleveland Democratic Democratic Confirmed by voice vote on February 19, 1894
Edward D. White [upper-alpha 6] Taft Republican Republican Confirmed by voice vote on December 12, 1910
William Howard Taft Harding Confirmed by voice vote on June 30, 1921
George Sutherland Confirmed by voice vote on September 5, 1922
James F. Byrnes F. D. Roosevelt Democratic Democratic Confirmed by voice vote on June 12, 1941
General sources: [1]

Notes

  1. Kavanaugh testified for more than 32 hours during the initial September 4–7, 2018 public hearing on his nomination. He then also testified for several hours in public on September 27, 2018, on sexual-misconduct allegations made against him by Christine Blasey Ford. [24]
  2. Senate voted to postpone taking action on this nomination, effectively eliminating any prospect of confirmation.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 Nominee was serving on the Court under a recess appointment when the nomination was made.
  4. On July 23, 1866, Andrew Johnson signed the Judicial Circuits Act into law. The Act, which provided for the gradual elimination of several seats on the Supreme Court, effectively voided Stanbery's nomination, and ultimately denied Johnson the opportunity of placing any justices on the Supreme Court.
  5. 1 2 3 4 5 Declined to serve.
  6. 1 2 3 4 5 Incumbent associate justice nominated for chief justice. Such appointments are subject to a separate confirmation process.
  7. Nominee continued to serve as an associate justice.
  8. Democratic members of committee boycotted the committee's hearings and vote
  9. Declined and continued to serve as an associate justice.
  10. A motion to bring the nomination up for discussion was defeated 25–26 on February 21, 1861. [46]
  11. Died prior to becoming a member of the Court.

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