Senate Democrats are expected to move quickly to fill the seat of retiring Justice Stephen Breyer. A look at the confirmation process and what we know, and don’t know, about what’s to come.
By a Senate majority vote. The Senate is divided 50-50 along party lines, but Democrats control the chamber because Vice President Kamala Harris can break tie votes.
From the appointment of the first justices in 1789 through its consideration of nominee Amy Coney Barrett in 2020, the Senate has confirmed 120 Supreme Court nominations out of 164 received. Of the 44 nominations which were not confirmed, 12 were rejected outright in roll-call votes by the Senate, according to the Congressional Research Service.Supreme Court nominations have become increasingly partisan, so it's likely the vast majority of Republicans will oppose Biden's nominee.
On the Democratic side, all eyes will be on Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. They were willing to buck Biden and their Democratic colleagues when it came to changing the Senate's filibuster rules. Would they be willing to do the same when it comes to the Supreme Court?Supreme Court nominations have taken around 70 days to move through the Senate, but there are no set rules for how long the process lasts.
“The Supreme Court would be well served by a justice who has served as a public defender or worked to represent legal aid or civil rights organizations," said Patrick Gaspard, president and CEO of the Center for American Progress.
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