Article II, Section 2 of the U.S. Constitution states, in part: "[The President] shall have power, . . . , by and with the advice and consent of the Senate, . . . [to] appoint . . . judges of the Supreme Court . . . ."

This guide identifies selected articles, books, and websites on the nomination and confirmation process. It also includes information on failed nominations.

• Recent Nominations
• Guides
• Collections
• The Nomination & Confirmation Process
• Individual Justices
• The Unconfirmed
• Websites

Recent Nominations

Samuel A. Alito, Jr.

Nominated on Oct. 31, 2005. President's statement.

Biographical information, from the Federal Judges Biographical Database

• Born 1950 in Trenton, NJ.
• Princeton University, A.B., 1972; Yale Law School, J.D., 1975.
• U. S. Court of Appeals for the Third Circuit. Nominated by George H.W. Bush on February 20, 1990, to a seat vacated by John Joseph Gibbons; Confirmed by the Senate on April 27, 1990, and received commission on April 30, 1990.
• Previous positions
  • U.S. Attorney for the District of New Jersey, 1987-1990.
  • Deputy assistant U.S. attorney general, U.S. Department of Justice, Washington, DC, 1985-1987.
  • Assistant to the U.S. Solicitor General, U.S. Department of Justice, Washington, DC, 1981-1985.
  • Assistant U.S. attorney, District of New Jersey, 1977-1981.
  • Law clerk, Hon. Leonard I. Garth, U.S. Court of Appeals, Third Circuit, 1976-1977.
• CNN, Alito Has Hefty Legal Resume
• SCOTUSblog, Alito includes a short review of notable opinions.

Commentary

• American Bar Association, Standing Committee on the Federal Judiciary, rating of Alito
• National Public Radio, Prof. Clark Lombardi, former clerk for Judge Alito, A Law Clerk's View of Judge Samuel Alito
• New York Times, Nomination Likely to Please G.O.P., but Not Some Democrats
• New York Times, Blogger Reactions to the Alito Nomination
• SCOTUSblog, President Names Alito

Guides & Materials

• Law Library of Congress, Supreme Court Nominations-Samuel A. Alito, identifies articles, memoranda, and opinions by Alito and links to websites. 
• University of Michigan Law Library, Information on Samuel A. Alito, Jr., Nominee for Justice of the Supreme Court, includes biographical information, court opinions, oral arguments before the Supreme Court, articles by Alito, and related material.
• AskSam, Judge Samuel Alito Published Opinions, is a searchable database of 350 opinions written by Alito. Also organized by topic. Includes concurring and dissenting opinions.
• National Archives and Records Administration, Records Pertaining to Judge Samuel A. Alito, Jr., contains records from the Office of the Attorney General and the Justice Department.
• Congressional Research Service
  • The Law of Church and State: Opinions of Judge Samuel Alito (Dec.12, 2005. 11 pages)
  • U.S. Supreme Court Nominee Samuel A. Alito and the Abortion Opinions of the U.S. Court of Appeals for the Third Circuit (Dec. 16, 2005. 11 pages)

Harriet Miers

Nominated by President Bush on Oct. 3, 2005. Nomination withdrawn on Oct. 27, 2005. For information on the nominee, see Harriet Miers under The Unconfirmed.

John G. Roberts

Nominated on July 19, 2005. Confirmed as the Chief Justice on Sept. 29, 2005. For more information on the nominee, see John Roberts under Individual Justices.

Guides

Collections

The Supreme Court of the United States: Hearings and Reports on Successful and Unsuccessful Nominations. KF8744.J8 at Classified Stacks

unc = Unconfirmed

GPO Access, Senate Committee on the Judiciary, Supreme Court Nomination Hearings, 1971-date

Links to PDF files of the published confirmation hearings for Breyer, Ginsburg, Thomas, Souter, Kennedy, Rehnquist, Scalia, O'Connor, and Stevens.

 

Law Library of Congress, Supreme Court Nominations--Confirmed

Links to floor debates and votes, hearings, and statements.
 

University of California-Riverside, Supreme Court Justice Nominations

Links to biographical information, hearings, and other sources.

The Nomination & Confirmation Process

Books

All of the following titles are available in the Classified Stacks.

• Advice & Consent: Clarence Thomas, Robert Bork, and the Intriguing History of the Supreme Court's Nomination Battles. KF8776.S56 1992
• Advice & Consent: The Politics of Judicial Appointments. KF8776.E67 2005
• The Character of Justice: Rhetoric, Law, and Politics in the Supreme Court Nomination Process. KF8742.P37 2006
• Electing Justice: Fixing the Supreme Court Nomination Process. KF8742.D383 2005
• Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Clinton, 4th ed. KF8742.A72 1999
• Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees. KF8742.Y35 1999
• The Selling of Supreme Court Nominees. KF8742.M26 1995
• The Senate Confirmation Process: Advice and Consent, or Search and Destroy? KF8742.A5O47 2006
• Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover Through George W. Bush. KF8742.N46 2007
• Supreme Court Justices in the Post-Bork Era: Confirmation Politics and Judicial Performance. KF8776.B38 2002
• Supremely Political: The Role of Ideology and Presidential Management in Unsuccessful Supreme Court Nominations. KF8776.M335 1990

For additional titles on the nomination and confirmation process, search the Law Library catalog by keyword: judges and appointment and supreme court. This search retrieves books that have been assigned the two major subject headings for this topic: Judges--Selection and Appointment--United States and United States Supreme Court.

Congressional Research Service

• The Chief Justice of the United States: Responsibilities of the Office and Process for Appointment (Sept. 12, 2005. 44 pages)
• Congressional Oversight of Judges and Justices (May 31, 2005. 37 pages)
• Constitutionality of a Senate Filibuster of a Judicial Nomination (June 14, 2005. 17 pages)
• Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History (March 29, 2005. 18 pages)
• Proper Scope of Questioning of Supreme Court Nominees: The Current Debate (Sept. 1, 2005. 15 pages)
• Senate Confirmation Process: An Overview (April 4, 2003. 2 pages)
• Senate Consideration of Presidential Nominees: Committee and Floor Procedure (May 24, 2005. 17 pages)
• Speed of Presidential and Senate Actions on Supreme Court Nominations: 1900-2005 (Oct. 18, 2005. 75 pages)
• Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate (July 6, 2005. 50 pages)
• Supreme Court Nominations, 1789-2005: Actions by the Senate, the Judiciary Committee, and the President (Jan. 5, 2006. 45 pages)
• Supreme Court Nominations: Senate Floor Procedure and Practice, 1789-2005 (Jan. 24, 2006. 43 pages)

US Senate, Judiciary Committee, Nominations, provides a table listing statistics for judicial nominations and a link to Judiciary Committee Report on Nominees.

American Bar Association, Standing Committee on the Federal Judiciary issues ratings on the qualifications of Supreme Court nominees.

Articles

The following articles are only examples of those found in the legal literature. Hein Online is a UW Restricted database.

• Choosing the Next Supreme Court Justice: An Empirical Ranking of Judge Performance, 78 S. Cal. L. Rev. 23 (2004). Hein Online
• Confirming the Constitution: The Role of the Senate Judiciary Committee (Elected Branch Influences in Constitutional Decisionmaking)  56 Law & Contemporary Problems 121 (1993). Hein Online
• The Supreme Court Confirmation Process in Crisis: Is the System Defective, or Merely the Participants? 14 Whittier L. Rev. 517 (1993).  Hein Online
• Character, Competency, and Constitutionalism: Did the Bork Nomination Represent a Fundamental Shift in Confirmation Criteria? 75 Marquette L. Rev. 409 (1992). Hein Online  
• The Role of Legal Scholars in the Confirmation Hearings for Supreme Court Nominees - Some Reflections (Colloquium: The Judicial Nomination and Confirmation Process)  7 St. John's J. Legal Commentary 211 (1991). Hein Online 
• Conference on Supreme Court Appointments: Judicial Appointments, the President and the Senate. 84 Northwestern U. L. Rev. issues 3/4, beginning at page 851 (1990). Hein Online
• Selecting Supreme Court Justices, 2004-05 Preview of United States Supreme Court Cases 481. A panel discussion. A longer version appears on the ABA website.

In LegalTrac, try the following subject headings:

• Judicial Candidates
• Judges--Appointments, Resignations and Dismissals
• Supreme Court Justices
• United States. Supreme Court - Human Resource Management

Individual Justices

These books and materials focus on the nomination and confirmation process involving individual Supreme Court justices. These books are located in the Classified Stacks.

Louis Brandeis

• Nomination of Louis D. Brandeis: Hearings Before the Subcommittee of the Committee on the Judiciary, United States Senate, on the Nomination of Louis D. Brandeis to be an Associate Justice of the Supreme Court of the United States, 2 vols. KF8745.B72 U55 1916

Thomas Souter

• Nomination of David H. Souter to be Associate Justice of the Supreme Court of the United States: Hearings Before the Committee on the Judiciary, United States Senate. KF8745.S68 U55 1993

Clarence Thomas

• Capitol Games: Clarence Thomas, Anita Hill, and the Story of a Supreme Court Nomination. KF8745.T48 P48 1992
• Nomination of Judge Clarence Thomas to be Associate Justice of the Supreme Court of the United States: Hearings Before the Committee on the Judiciary, United States Senate, 4 vols. KF8745.T46 U55 1993
• Resurrection: The Confirmation of Clarence Thomas. KF8745.T48 D36 1994
• Strange Justice: The Selling of Clarence Thomas. KF8745.T48 M39 1994

John G. Roberts

Biographical information

• Supreme Court of the United States, The Justices of the Supreme Court provides biographical paragraphs for each of the current Justices.
• Washington Post, John G. Roberts Dossier includes abiography and lists of key documents and decisions.
• Westlaw Profiler-WLD: John G. Roberts, Jr. Provides biographical information, cases, oral arguments, appellate briefs, and related material.
• White House, Chief Justice John G. Roberts provides biographical information and links to press releases and videoclips.

Background Materials

• The National Archives and Records Administration, Records Pertaining to John G. Roberts, Jr., includes scanned copies of selected records.
• University of Michigan Law Library, Information on John Glover Roberts, Jr., Supreme Court Nominee, is an extensive list of materials by and about Judge Roberts, including biographical information, confirmation hearings, records from Roberts' tenure in the Justice Department, court opinions, briefs, oral arguments before the Supreme Court, articles, etc.

Confirmation Hearings

• AskSam, The Hearing of John G. Roberts, links to the confirmation hearings day by day.
• US Senate, Judiciary Committee
  • Sept. 12, 2005. Links to statements by Senators Hatch, Lugar, Leahy, Warner, Kennedy, Grassley, Biden, Kohl, Dewine, Feinstein, Feingold, Schumer, and Durbin.
  • Sept. 15, 2005. Links to witness statements.

Commentary

• The Supreme Court Nomination Blog, from Goldstein & Howe (source of the well-known SCOTUS blog).

The Unconfirmed

Congressional Research Service, Supreme Court Nominations Not Confirmed, 1789-2004 (March 21, 2005. 28 pages)

Provides tables and describes factors contributing to unsuccessful nominations.

 

Law Library of Congress, Supreme Court Nominations--Not Confirmed

Links to floor debates and hearings for failed nominees Bork, Carswell, Haynsworth, and Thornberry.

Harriet Miers

• Nominated by President GW Bush: President's statement
• Nomination withdrawn, Oct. 27, 2005: President's statement

Biographical Information

• Co managing partner of Locke, Liddell & Sapp, LLP in Dallas
• Personal lawyer to Governor Bush
• Named one of the 100 Most Influential Lawyers in America and 50 Most Influential Women Lawyers in America by the National Law Journal, 1997.
• Co-chaired the Standing Committee on Legal Services to the Poor in Civil Matters, Texas State Bar Association, 1997.
• Chair of the Texas Lottery Commission, 1995- 2000.
• First woman president of the Texas State Bar Association, 1992-93.
• First woman president of the Dallas Bar Association (1985).
• BS, 1967 and JD, 1970, Southern Methodist University

Other Sources

• "Down to the Last Detail," Legal Times, Dec. 13, 2004. Available on LegalTrac (UW Restricted). Search keywords "harriet miers."
• Law Professor Blog Coverage of the Miers Nomination: News & Analysis
• New York Times, Supreme Court in Transition
• SMU Underwood Law Library, Published Writings of Harriet E. Miers, Nominee for Justice of the U.S. Supreme Court
• Supreme Court Nomination Blog
• University of Michigan Law Library, Information on Harriet Miers, Nominee for Justice of the Supreme Court
• Washington Post, Campaign for the Court
• Washington Post, Miers's Responses to Senate Judiciary Committee Questions
• Washington Post, Supreme Court
• Westlaw, Profiler-WLD: Harriet Miers (password required).

Books

The location is Classified Stacks.

• The Rejected: Sketches of the 26 Men Nominated for the Supreme Court But Not Confirmed by the Senate. KF8776.J33 1993
• Supremely Political: The Role of Ideology and Presidential Management in Unsuccessful Supreme Court Nominations. KF8776.M335 1990
• Robert Bork
  • Battle for Justice: How the Bork Nomination Shook America. KF8742.B74 1989
  • Matters of Principle: An Insider's Account of America's Rejection of Robert Bork's Nomination to the Supreme Court. KF8742.G57 1992
  • Ninth Justice: The Fight for Bork, with an analysis of media coverage. KF8742.M33 1990
  • Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations. KF8742.V54 1998

Websites

American Constitution Society for Law and Policy, Judicial Nominations: Why They Matter

Links to blogs, essays, remarks, news, testimony, transcripts, and other information.

US Senate Judiciary Committee, Nominations

Provides status information on Article III nominations and links to nomination hearings.

 

The Supreme Court Historical Society

Includes information on the history of the Court, how the Court works, and researching the Court.