Judicial Nominations Process: How are Federal Judges Selected?

The United States Constitution gives both the President and the Senate roles in appointing federal judges. Specifically, Article 2 of the Constitution requires that all appointments be made by the President with the “advice and consent” of the Senate.

This means that after the President nominates people to fill judicial vacancies, the Senate must approve all nominees before they are appointed to the bench. Once appointed, federal judges serve for life unless they resign or are removed through the impeachment process.

In practice, there is a long tradition of cooperation between the President and the Senators from the state where the vacancy is located to select an individual to nominate when a vacancy occurs. In some states, a bi-partisan commission or other formal process has been created to make recommendations to the President if a vacancy occurs.

Once the President selects someone to nominate, the nominee is referred to the Senate Judiciary Committee for consideration. The Judiciary Committee then asks the Senators from the nominee’s home state whether they approve of the nominee and asks the American Bar Association (ABA) to rate the nominee’s legal ability.

If both home state Senators approve of the nominee, the Judiciary Committee will schedule a hearing to review the nomination.

After the hearing, the Committee votes on the nominee. If a majority of the committee votes in favor of the nominee, the nomination is sent to the full Senate for its consideration.

If 60 Senators agree to end debate on a nominee, a vote is taken on the floor of the Senate. If a majority of Senators votes in favor of a nominee, the nominee is confirmed for a lifetime appointment to the federal bench.