The Deterioration of the USSC Confirmation Process

by Long Island Attorney Paul A. Lauto, Esq.

The nomination and confirmation of a United States Supreme Court (USSC) Justice is perhaps one of the most important duties of a sitting President and our Senate. USSC Justices potentially remain on the high court 30 years plus and therefore may have a long lasting and wide effect on our country's law. Most recently President Trump nominated Judge Brett Kavanaugh, who is the second of potentially three or four nominations during Trump's tenure. Republicans are salivating over this latest selection and Democrats are crying foul. This is the onset of yet another political battle that will undoubtedly add to the deterioration of the confirmation process.

In theory, Judges or other qualified candidates, are to be nominated and confirmed to the USSC based upon the merits. However, today the process has become nothing more than a product of political control and bias. Once the President nominates someone for the USSC, that person undergoes an arduous confirmation process. Subsequent to background checks and personal interviews with members of the Senate, the Senate Judiciary Committee holds hearings where the nominee is questioned ad nauseam about seemingly anything and everything. Upon conclusion of these hearings, the Senate Judiciary Committee votes on whether or not the nomination should go to the full Senate with a positive, negative or neutral report. The nominee may then be confirmed by the Senate if receiving the majority vote.

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