Jump directly to the content
FOR LIFE

How are the Supreme Court justices appointed?

SUPREME Court justices are nominated by the president and confirmed by the Senate.

Once appointed, the justices will serve a life-term working at the Supreme Court.

The Supreme Court of the US holds nine justices to review cases
10
The Supreme Court of the US holds nine justices to review casesCredit: Getty Images - Getty

Here is more on how the Supreme Court justices are appointed.

How are the Supreme Court Justices appointed?

Supreme Court justices are first nominated by the president.

Usually, the names of the potential nominees are recommended by people in Congress from within the president's party.

The Senate then holds a confirmation hearing for each nominee and formally confirms one judge.

Article III of the Constitution states that these judges will be appointed for a life-term.

Supreme Court justices are nominated by the president
10
Supreme Court justices are nominated by the president Credit: EPA

How many Supreme Court justices are there?

There are nine Supreme Court justices, including one Chief Justice.

The Constitution does not have a set number on how many judges should serve on the Supreme Court.

Prior to 1989 there were only six justices.

The current Supreme Court justices prior to Ruth Bader Ginsburg's death
10
The current Supreme Court justices prior to Ruth Bader Ginsburg's deathCredit: AP:Associated Press

Justices do not have to campaign for a seat or run for re-election to help with impartiality when deciding cases.

The judges remain in office until they resign, pass away or are impeached by Congress.

Why are they so important?

Supreme Court justices are crucial to the US government because they represent the highest court in the country.

The Supreme Court serves as the last resort for those seeking justice in their legal cases.

The judges are responsible for checks and balances within each branch of government, setting limits and ensuring laws do not harm or take advantage of unpopular majorities.

Justice Ruth Bader Ginsburg died on Friday, she was the second female justice in the Supreme Court
10
Justice Ruth Bader Ginsburg died on Friday, she was the second female justice in the Supreme CourtCredit: AFP

They also serve to ensure that the views of the majority do not undermine the fundamental values of common laws in America such as freedom of speech and due process.

When are new justices appointed?

New justices are appointed when one dies or resigns.

The House of Representatives during President Bush's State of the Union
10
The House of Representatives during President Bush's State of the UnionCredit: AFP

How many justices has Donald Trump appointed?

 has appointed two justices throughout his term in office.

Neil Gorsuch was sworn in to the Supreme Court in April of 2017, succeeding Antonin Scalia who had passed away in 2016.

Brett Kavanaugh was appointed in 2018 to replace Anthony Kennedy.

President Trump has appointed two justices so far
10
President Trump has appointed two justices so farCredit: Splash News

How many justices did Barack Obama appoint?

Just like Trump, appointed two justices while he was in office.

Sonia Sotomayor, the first Hispanic and Latina member of the Court, was appointed in August of 2009.

Sotomayor replaced retiring Justice David Souter.

In addition, Justice Elena Kagan was appointed in 2010 and replaced retiring Justice John Paul Stevens.

President Obama appointed Sonia Sotomayor and Elena Kagan
10
President Obama appointed Sonia Sotomayor and Elena KaganCredit: AFP or licensors

Who will replace Ruth Bader Ginsburg?

It is uncertain yet who will , who died on Friday.

Customary rule states that during an election year a president should wait until the election to nominate a judge.

However, to fill seat.

There have been talks that Circuit Judge Amy Coney Barrett is seen as a leading contender, as well as Senator Ted Cruz and Senator Tom Cotton.

Senate Majority Leader said that he would not oppose Trump’s nomination despite being 46 days away from election.

President Trump is set to announce his Supreme Court nomination
10
President Trump is set to announce his Supreme Court nominationCredit: AFP

However, McConnell blocked Obama’s Supreme Court pick during the presidential campaign in 2016.

READ MORE SUN STORIES

He advocated for waiting until the next president took office saying it allows the Senate to “give the people a voice in the filling of this vacancy.”

Obama’s nomination of Merrick Garland did not fill the vacancy to replace Justice Scalia, giving Trump the opportunity to choose his candidate upon taking office.

Senate Majority Leader Mitch McConnell said he would consider Trump's nominee
10
Senate Majority Leader Mitch McConnell said he would consider Trump's nomineeCredit: EPA
President Trump addressing the nation at the State of the Union
10
President Trump addressing the nation at the State of the UnionCredit: AFP - Getty
Supreme Court Justice Ruth Bader Ginsburg has ‘recurrence’ of cancer but plans to remain on the court
Topics