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Who votes on Supreme Court nominees?

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The process of nominating and appointing justices to the United States Supreme Court follows numerous processes outlined in the United States Constitution.

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The President of the United States nominates a justice, and the United States Senate advises and consents before the individual is legally appointed to the Court, according to the Appointments Clause of Article II, Section 2, Clause 2.

Because there are no requirements for serving as justice under the Constitution, the president can nominate anybody to serve on the Court.

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Article II, Section 2, Clause 2 of the United States Constitution authorizes the president of the United States to nominate and appoint public officers, including justices of the United States Supreme Court, with the Senate’s confirmation (advice and consent).

This clause is an illustration of the Constitution’s inherent checks and balances system. The president has plenary power to nominate and appoint, whereas the Senate has plenary power to reject or confirm nominees before they are appointed.


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