The Supreme Court Appointment Process (Edexcel A Level Politics): Revision Note

How members of the Supreme Court are appointed

• Supreme Court justices are appointed through a three-stage process, set out in Article II, Section 2 of the US Constitution, which requires the President to nominate justices with the “advice and consent” of the Senate

Stage 1: Vacancy

• A vacancy on the Supreme Court arises in three circumstances:

  • A justice retires

    • Stephen Breyer retired in 2022 at the age of 83 and was replaced by Ketanji Brown Jackson

  • A justice dies

    • Ruth Bader Ginsburg died in September 2020 and was replaced by Amy Coney Barrett shortly before the 2020 election

  • A justice is impeached

    • This is extremely rare and last occurred in 1805, when Samuel Chase was impeached and acquitted

Stage 2: Presidential nomination

• The President selects a nominee for the vacant seat

• Presidents are influenced by several factors when choosing a nominee:

  • Ideology

    • Party affiliation is closely linked to judicial ideology

    • Republican presidents typically nominate conservative justices, while Democratic presidents nominate liberal justices

      • All six current conservative justices were nominated by Republican presidents, and all three liberal justices by Democratic presidents

  • Judicial experience

    • Legal experience demonstrates competence and reduces the risk of controversial rulings

    • All current justices have legal backgrounds

      • Elena Kagan previously served as Solicitor General

  • Demographic representation

    • Presidents may seek to enhance the Court’s legitimacy and reflect social diversity

      • Joe Biden fulfilled a campaign pledge by appointing the first Black woman justice in 2022

  • Age

    • Younger justices can shape the Court for decades

      • Amy Coney Barrett, appointed at 48, may influence decisions into the 2040s

Stage 3: Informal vetting by the American Bar Association (ABA)

• Before Senate hearings, nominees are informally assessed by the American Bar Association (ABA)

Stage 4: Senate Judiciary Committee hearings

• The nominee appears before the Senate Judiciary Committee

  • Senators question the nominee on their judicial philosophy, past rulings and legal record

  • The committee then decides whether to:

    • recommend confirmation

    • recommend rejection

    • make no recommendation

Stage 5: Full Senate vote

• Following committee hearings, the nominee is considered by the full Senate

  • Senators debate and vote on the nomination

  • A simple majority (51 votes) is required for confirmation

Stage 6: Appointment as Supreme Court justice

• If confirmed, the nominee is formally appointed as a Supreme Court justice.

  • Justices receive life tenure

  • They cannot be removed for political reasons

  • Their decisions are independent of electoral pressure

Overall evaluation of the appointment process

• Overall, the Supreme Court appointment process balances judicial independence with democratic accountability, but this balance has become increasingly strained

  • The process protects judicial independence

    • Life tenure, salary protection and security after appointment allow justices to act without electoral or political pressure

  • The involvement of the President and Senate provides democratic legitimacy

    • Both actors are elected, allowing voters indirect influence over appointments

  • However, the process has become highly politicised

    • Ideological nominations, partisan confirmation votes and strategic retirements have reduced perceptions of neutrality

  • The declining role of consensus has weakened public confidence

    • Senate confirmations increasingly reflect party loyalty rather than legal scrutiny

  • As a result, appointments now shape the ideological balance of the Court more overtly than in the past

    • This raises questions about whether the Court is a political or judicial body

• Overall, while the appointment process remains constitutionally sound, growing partisanship has undermined its legitimacy and intensified debates over the role of the Supreme Court in US politics

Current composition and ideological balance of the Supreme Court

• The current composition of the Supreme Court is significant because it shapes the Court’s approach to civil rights, liberties and constitutional interpretation

  • As of 2025, the Supreme Court consists of nine justices with a 6–3 conservative majority, which has influenced decisions on abortion, voting rights and affirmative action

  • The conservative bloc includes Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, most of whom identify with originalist approaches

  • The liberal bloc consists of Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, who tend to favour a living constitution approach in civil rights cases

  • Senate approval for recent justices has been highly partisan, with all six conservative justices appointed by Republican presidents and confirmed primarily with Republican votes

  • The American Bar Association rated most current justices as “well qualified,” although ratings were politicised, particularly during the confirmations of Kavanaugh and Barrett.