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The US Constitution states that the President nominates the judges of the US Supreme Court with the advice and consent of the US Senate (Article 2, section 2, clause 2).  After the recent nomination of Justice Neil Gorsuch to the US Supreme Court by President Trump, the Congressional Research Service issued a report entitled Supreme Court Appointment Process: President’s Selection of a Nominee.   The CRS report written by Barry J. McMillion provides an overview of how vacancies on the US Supreme Court occur, the role of the Senate, criteria for selecting nominees as well as background checks, and the speed with which the President chooses a nominee.

For more information on the topic, see our earlier post entitled “Answers to Questions about Supreme Court Vacancies.”

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