Judicial Nominations

Every Article III judge, from a district judge to a Supreme Court justice, is nominated by the President and confirmed by the Senate. Vacancies arise when judges die, retire, take senior status, or when Congress creates new judgeships. The White House Counsel's office leads the search, often drawing on recommendations from home-state senators for district and circuit seats and, in recent administrations, from outside legal networks. Candidates are interviewed, investigated by the FBI, and may be rated by the American Bar Association.

The Senate Judiciary Committee sends each nominee a detailed questionnaire, holds a hearing, and votes on whether to report the nomination. For district judges and U.S. attorneys, the committee traditionally honors blue slips, by which home-state senators signal approval, though the practice for circuit judges was dropped in 2017. Since 2013 for lower courts and 2017 for the Supreme Court, nominees need only a simple majority to overcome a filibuster. A Supreme Court confirmation hearing typically lasts four days, with senators questioning the nominee for two of them.

Because judges serve for life, presidents now favor younger nominees with clear judicial philosophies, and confirmation fights have become central to presidential and Senate campaigns. The Senate rejected Robert Bork for the Supreme Court in 1987, declined to act on Merrick Garland's nomination for most of 2016, and confirmed Amy Coney Barrett eight days before the 2020 election. Donald Trump appointed 234 Article III judges in his first term, including three justices, and Joe Biden appointed 235, including Ketanji Brown Jackson.