Time before next presidential election
Vacancy
announced
Nomination
Confirmed
vote
Party of president
Party of Senate majority
4 years
before
election
Election
Day
3 years
2 years
1 year
Next nominee
Ginsburg's death comes
46 days before the election
Brett M. Kavanaugh
Neil M. Gorsuch
Merrick B. Garland
Scalia’s seat became
vacant 269 days
before the election
Elena Kagan
Sonia Sotomayor
Samuel A. Alito Jr.
Harriet Miers
withdrew
John G. Roberts Jr.
Stephen G. Breyer
Ruth Bader Ginsburg
Clarence Thomas
David H. Souter
Anthony M. Kennedy
Robert H. Bork
failed
confirmation
vote
Antonin Scalia
William H. Rehnquist *
Sandra Day O'Connor
John Paul Stevens
Time before next presidential election
Vacancy announced
Nomination
Confirmed vote
Party of president
Party of Senate majority
4 years
before
election
Election
Day
3 years
2 years
1 year
Next nominee
Ginsburg's death comes
46 days before the election
Brett M. Kavanaugh
Neil M. Gorsuch
The GOP-controlled Senate blocked Garland in
2016 and Gorsuch became the nominee.
Merrick B. Garland
Scalia’s seat became
vacant 269 days
before the election
Elena Kagan
Sonia Sotomayor
Samuel A. Alito Jr.
Harriet Miers
withdrew
John G. Roberts Jr.
Stephen G. Breyer
Ruth Bader Ginsburg
Clarence Thomas
David H. Souter
Anthony M. Kennedy
Robert H. Bork
failed
confirmation
vote
Antonin Scalia
William H. Rehnquist *
Sandra Day O'Connor
John Paul Stevens
Time before next presidential election
Vacancy announced
Nomination
Confirmed vote
Party of
nominating
president
Election
Day
4 years
before election
3 years
2 years
1 year
Ginsburg's death comes
46 days before the election
Next nominee
Party of Senate majority
Brett M. Kavanaugh
The GOP-controlled Senate blocked Garland in
2016 and Gorsuch became the nominee.
Neil M. Gorsuch
Merrick B. Garland
Scalia’s seat became
vacant 269 days
before the election
Elena Kagan
Sonia Sotomayor
Samuel A. Alito Jr.
withdrew
Harriet Miers
John G. Roberts Jr.
Stephen G. Breyer
Ruth Bader Ginsburg
Clarence Thomas
David H. Souter
Anthony M. Kennedy
Robert H. Bork
failed
confirmation
vote
Antonin Scalia
William H. Rehnquist *
Sandra Day O'Connor
John Paul Stevens
Time before next presidential election
Vacancy announced
Nomination
Confirmed vote
Party of nominating
president
Election
Day
4 years
before election
3 years
2 years
1 year
Ginsburg's death comes
46 days before the election
Next nominee
Party of Senate majority
Brett M. Kavanaugh (2018)
The GOP-controlled Senate blocked Garland in
2016 and Gorsuch became the nominee.
Neil M. Gorsuch (2017)
Merrick B. Garland (2016)
Scalia’s seat became
vacant 269 days
before the election
Elena Kagan (2010)
Sonia Sotomayor (2009)
Samuel A. Alito Jr. (2005)
Harriet Miers (2005)
withdrew
John G. Roberts Jr. (2005)
Stephen G. Breyer (1994)
Ruth Bader Ginsburg (1993)
Clarence Thomas (1991)
David H. Souter (1990)
Anthony M. Kennedy (1987)
failed
confirmation
vote
Robert H. Bork (1987)
Antonin Scalia (1986)
William H. Rehnquist (1986) *
Sandra Day O'Connor (1981)
John Paul Stevens (1975)
Time before next presidential election
Vacancy announced
Nomination
Confirmed vote
4 years
before election
Election
Day
Party of nominating president
3 years
2 years
1 year
Ginsburg's death comes
46 days before the election
Next nominee
Party of Senate majority
Brett M. Kavanaugh (2018)
The GOP-controlled Senate blocked Garland in
2016 and Gorsuch became the nominee.
Neil M. Gorsuch (2017)
Merrick B. Garland (2016)
Scalia’s seat became
vacant 269 days
before the election
Elena Kagan (2010)
Sonia Sotomayor (2009)
Samuel A. Alito Jr. (2005)
Harriet Miers (2005)
withdrew
John G. Roberts Jr. (2005)
Stephen G. Breyer (1994)
Ruth Bader Ginsburg (1993)
Clarence Thomas (1991)
David H. Souter (1990)
Anthony M. Kennedy (1987)
failed
confirmation
vote
Robert H. Bork (1987)
Antonin Scalia (1986)
William H. Rehnquist (1986) *
Sandra Day O'Connor (1981)
John Paul Stevens (1975)
Justice Renquist began serving on the court in 1972 and was nominated for chief justice in 1986.
The next-closest vacancy in recent history was in 2016, when Justice Antonin Scalia died 269 days before the presidential election. Then, Senate Majority Leader Mitch McConnell (R-Ky.) refused to advance Merrick Garland’s confirmation proceedings because, he said, voters should make the decision via the presidential election. Now, however, he vows to fill any Supreme Court vacancy that occurs during President Trump’s time in office. The rush to move forward comes despite Ginsburg’s wish, which NPR reported Friday: “My most fervent wish is that I will not be replaced until a new president is installed.”
If the nomination vote happens, and Trump’s nominee is appointed, it would be the first time since 1988 that a president’s pick is confirmed in a presidential election year, although the vote for Anthony M. Kennedy happened more than 10 months before the election.
[Why Mitch McConnell intends to confirm a new Supreme Court justice now, when he wouldn’t in 2016]
Since 1975, it has taken about 68 days for a nominee to be confirmed in a vote on the Senate floor. In 2016, President Barack Obama nominated Merrick Garland, whom the Republican Senate refused to vote on.
Days
between
vacancy
and new
Congress
Days between
Ginsburg vacancy
and election
Avg.
days to
confirm*
Confirmed
nominees
since 1975
46
68
107
88
Brett M. Kavanaugh
65
Neil M. Gorsuch
87
Elena Kagan
66
Sonia Sotomayor
82
Samuel A. Alito Jr.
62
John G. Roberts Jr.
73
Stephen G. Breyer
42
Ruth Bader Ginsburg
99
Clarence Thomas
69
David Souter
65
Anthony M. Kennedy
89
William H. Rehnquist
85
Antonin Scalia
33
Sandra Day O'Connor
19
John Paul Stevens
Days
between
vacancy
and new
Congress
Days between
Ginsburg vacancy
and election
Average
days to
confirm*
Confirmed
nominees
since 1975
46
68
107
88
Brett M. Kavanaugh
65
Neil M. Gorsuch
87
Elena Kagan
66
Sonia Sotomayor
82
Samuel A. Alito Jr.
62
John G. Roberts Jr.
73
Stephen G. Breyer
42
Ruth Bader Ginsburg
99
Clarence Thomas
69
David Souter
65
Anthony M. Kennedy
89
William H. Rehnquist
85
Antonin Scalia
33
Sandra Day O'Connor
19
John Paul Stevens
Days between
Ginsburg vacancy
and election
Days between
vacancy and
new Congress
Average days
to confirm*
Confirmed nominees
since 1975
46
68
107
88
Brett M. Kavanaugh
65
Neil M. Gorsuch
87
Elena Kagan
66
Sonia Sotomayor
82
Samuel A. Alito Jr.
62
John G. Roberts Jr.
73
Stephen G. Breyer
42
Ruth Bader Ginsburg
99
Clarence Thomas
69
David Souter
65
Anthony M. Kennedy
89
William H. Rehnquist
85
Antonin Scalia
33
Sandra Day O'Connor
19
John Paul Stevens
The president’s nominee must face committee scrutiny, background checks, testimony and Senate debate. Senators extended the confirmation process for Trump’s most recent nominee, Brett M. Kavanaugh, to investigate allegations of sexual assault.
President
NOMINATION
The president chooses a candidate who is well-qualified as well as someone who generally serves his political interests.
Senate Judiciary
Committee
COMMITTEE BREAKDOWN
R
12
D
10
VETTING
The committee checks the nominee’s credentials and background, including finances and past legal decisions.
FIRST HEARING
The committee questions the nominee’s qualifications. The nominee is given a chance to respond.
COMMITTEE VOTE
Even if a majority of the committee opposes the nominee, tradition calls for the panel to send the nomination to the full Senate recommending that it be rejected.
Full Senate
47*
53
*Includes two independents who
caucus with the Democrats.
DEBATE ON SENATE FLOOR
Led by the chair of the Judiciary Committee, the Senate debates the nomination.
Filibuster
Republicans voted in 2017 to end the 60-vote threshold to force a vote on Supreme Court nominees.
FINAL VOTE
Simple 51-vote
majority required.
NOMINATION
FAILS
NOMINATION
CONFIRMED
President
NOMINATION
The president chooses a candidate who is well-qualified as well as someone who generally serves his political interests.
Senate Judiciary
Committee
COMMITTEE BREAKDOWN
R
12
D
10
VETTING
The committee checks the nominee’s credentials and background, including finances and past legal decisions.
FIRST HEARING
The committee questions the nominee’s qualifications. The nominee is given a chance to respond.
COMMITTEE VOTE
Even if a majority of the committee opposes the nominee, tradition calls for the panel to send the nomination to the full Senate recommending that it be rejected.
Full Senate
47*
53
*Includes two independents who
caucus with the Democrats.
DEBATE ON SENATE FLOOR
Led by the chair of the Judiciary Committee, the Senate debates the nomination.
Filibuster
Republicans voted in 2017 to end the 60-vote threshold to force a vote on Supreme Court nominees.
FINAL VOTE
Simple 51-vote
majority required.
NOMINATION
FAILS
NOMINATION
CONFIRMED
President
NOMINATION
The president chooses a candidate who is well-qualified as well as someone who generally serves his political interests.
Senate Judiciary Committee
COMMITTEE BREAKDOWN
VETTING
The committee checks the nominee’s credentials and background, including finances and past legal decisions.
R
12
D
10
FIRST HEARING
The committee questions the nominee’s qualifications. The nominee is given a chance to respond.
BACK TO THE START
A nominee may withdraw from consideration at any time, as Harriet Miers did in 2005.
COMMITTEE VOTE
Even if a majority of the committee opposes the nominee, tradition calls for the panel to send the nomination to the full Senate with the recommendation that it be rejected.
Full Senate
DEBATE ON SENATE FLOOR
Led by the chair of the Judiciary Committee, the Senate debates the nomination.
47*
53
Filibuster
*Includes two independents who
caucus with the Democrats.
Republicans voted in 2017 to end the 60-vote threshold to force a vote on Supreme Court nominees.
FINAL VOTE
Simple 51-vote
majority required.
NOMINATION
CONFIRMED
NOMINATION
FAILS
Both of Trump’s picks were confirmed after Republicans voted to remove the filibuster, eliminating a procedural hurdle that required 60 votes to advance. That move will also make it much easier to secure confirmation for the next justice.
About this report
Data from the Congressional Research Service, Supreme Court, Senate and Green Papers.
