There seems to be some confusion about the selection and confirmation of a Supreme Court Justice. Common Sense Civics and Citizenship requires that we understand the correct process. Did you know that the President of the United States is authorized by the U.S. Constitution, Article II, Section 2, to select Supreme Court nominees? Here is the text: “and he (the President) shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law..”
Also, if you are wondering why your Congressman is silent, it is because the Senate makes the rules and confirms or rejects the President’s nominee. The House does not. This explanation offered by the National Constitution Center: Under Senate standing rules going back to 1868, the nomination is sent to the Senate Judiciary Committee, unless the nominee is a current or former Senate member. (In the most recent incident of a former Senator as the nominee, the matter was referred back to the Judiciary Committee and not directly considered by the full Senate.) The process includes a public hearing and confirmation by the full Senate.
Could President Trump’s nominee be denied confirmation? Yes. The Senate currently has a majority of Republicans but that does not assure confirmation. Only a vote along party lines will ensure that outcome. It is not a given that a senator will necessarily vote along party lines. There is more. It is a lengthy, not an easy process and meant to be so.
There is an excellent article published by the National Constitution Center entitled, “Supreme Court Nominations 101: What Happens Next?” available to assist you in following the process, answer your questions, and to help you converse on this subject. You will find it here: https://bit.ly/2L1EozE
