Appointment and confirmation to the Supreme Court of the United States

The appointment and confirmation of Justices to the Supreme Court of the United States involves several steps set forth by the United States Constitution, which have been further refined and developed by decades of tradition. Candidates are nominated by the President of the United States and must face a series of hearings in which both the nominee and other witnesses make statements and answer questions before the Senate Judiciary Committee, which can vote to send the nomination to the full United States Senate. Confirmation by the Senate allows the President to formally appoint the candidate to the court.

Article Two of the United States Constitution requires the President of the United States to nominate Supreme Court Justices and, with Senate confirmation, requires Justices to be appointed. This was for the division of power between the President and Senate by the founders, who wrote:

Upon the election of a new President, incoming White House staff prepare profiles of possible candidates for the Supreme Court, considering not only judges but also politicians and other individuals whom they consider appropriate for the role. Besides considering national figures whose views are well-known, they consider others who are less recognized. They go through published rulings, articles, speeches, and other background material to get an idea of candidates' values and views on constitutional issues. Age, health, race, gender, and likelihood of confirmation are also factored into considerations. Once a Supreme Court vacancy opens, the President discusses the candidates with advisors. Senators also call the President with suggestions. After a first choice is decided, the candidate is contacted and called on by the President to serve on the highest court. Staffers send a vetting form for the candidate to fill out. They visit the candidate to go over tax records and payments to domestic help. Candidates whom the President has never met are interviewed by White House officials before being sent to the White House to be interviewed in person by the President. After making a final decision, the President calls the candidate, who is told to prepare a statement for an appearance in front of the national press for the President's formal announcement.

Most Presidents nominate individuals who broadly share their ideological views. In many cases, however, a Justice's decisions may be contrary to what the nominating President anticipated. A famous instance was Chief Justice Earl Warren; President Dwight D. Eisenhower expected him to be a conservative judge, but his decisions are arguably among the most liberal in the Court's history. Eisenhower later called the appointment "the biggest damn fool mistake I ever made". Another Justice whose decisions ran contrary to what was believed to be his ideology was David Souter, who was nominated to the high court in 1990 by President George H. W. Bush. Many pundits and politicians at the time expected Souter to be a conservative; however, after becoming a Justice, his opinions generally fell on the liberal side of the political spectrum.

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