The Advise and Consent clause of the Constitution for the United States of America is a power of the U.S. Senate.
The Standing Rules of the Senate dictates the next steps. But normally, the nomination goes to the Senate Judiciary Committee, which determines whether to hold hearings on the nomination or not. After hearings are held, the Senate Judiciary Committee may then decide whether to bring the nomination up for a vote in the Committee or not. If the vote passes out of the Committee, the Senate Majority Leader then may decide whether to bring the nomination to the floor of the Senate or not. At that point, there could be debate on the floor of the U.S. Senate and a possible cloture vote to determine whether to close debate on the nomination and bring up a confirmation vote on the Senate floor. If the nomination receives a cloture vote of at least 60 votes, then the nomination can receive a final up-or-down vote. If the nomination does not reach the 60-vote threshold to close debate this is known as a filibuster.
So, aside from providing the due process necessary for the consideration of the appointment of a Supreme Court justice, there are no lawful obligations for the Senate to vote for or against such an appointment.
17 Oct 2016, 1:24 pm
