Rules for Seating a U.S. Supreme Court Justice

The United States Supreme Court is located in Washington, D.C.

The United States Supreme Court represents the judicial branch of the federal government ranking above all other courts in the nation in interpreting constitutional law. The Supreme Court consists of a chief justice and eight associate justices who remain on the bench for the duration of their lives or until their resignation or retirement. In recent years, both President Bush and President Obama have nominated justices. However, a president's recommendation is only the beginning of the process for seating a judge.

Senate Judiciary Committee Hearing

Following the president's nomination of a Supreme Court justice, the Senate Judiciary Committee conducts a hearing to assess the nominee's background and character. This committee dates back to the early 1800s and consists of 19 select members of the Senate, who discuss matters related to the Constitution and oversee the executive branch's judicial nominations to appellate and district courts. Each of the committee members receives approximately 30 minutes to interrogate a nominee about her judicial record and her interpretation of constitutional law. Following the hearing, the committee may recommend confirmation of the nominee to the full Senate or send the matter to the Senate with a split decision.

Senate Hearing

Irregardless of the Senate Judiciary Committee's decision, the nominee must then go before the Senate and undergo a similar interrogation process. A majority (51 senators, or lower amount if fewer than the typical 100 members vote) must ratify the nomination before a nominee can be seated as a Supreme Court Justice. However, if the nominee is not approved, the president of the United States may recommend the nominee again for further review.

Seating Arrangements and Decorum

Seating on the bench is dependent upon the seniority of the judges. The exception is the Chief Justice, who sits at the center and supervises the panel. All seated judges must wear black robes. Additionally, a justice is expected to fully comply with existing federal and local laws in his personal and professional life. Judges must also remain free from the influence of family members, social institutions and political organizations. Finally, judges must refrain from any discriminatory practices related to race, sex, religion or nationality.

References

• Supreme Court of the United States: A Brief Overview of the Supreme Court
• A Guide to the Supreme Court Nomination
• United States Senate Committee on the Judiciary
• United States Courts: Guide to Judiciary Policy