Judicial Nominees

How Nominees are Confirmed

The Constitution, in the Appointments Clause, requires the President: “Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court, and all other [federal judges] which shall be established by Law [currently, Courts of Appeal and District Courts].” Once a candidate has been nominated, he or she must be confirmed by the Senate, a process left by the Founders for the Senate to decide as they deem fitting.  The current confirmation process has developed over time to include numerous traditions, precedents, professional courtesies, and formal rules adopted by the Senate. Learn more about the 7-Step Process.

The Power of Federal Courts

Judges who become part of the federal judiciary hold immense power over the lives of Americans,  hearing cases that affect religious freedom for generations. The Supreme Court takes about 70-80 cases annually, while federal courts of appeals handle about 35,000 cases per year. So while Supreme Court justice selections are especially important, circuit court and district court judges hear 99% of all federal appeals cases. With the confirmation of Justice Brett Kavanaugh and Justice Amy Coney Barrett to the U.S. Supreme Court, First Liberty attorneys—religious liberty experts—have been analyzing the opinions of judicial candidates related to religious freedom.

How the U.S. Court System Works

DUAL COURT SYSTEM Because the Founders wanted a union of sovereign states, the U.S. has a dual court system: the federal judiciary and the individual state judiciaries. STATE JUDICIARY Each state has its own court system to resolve disputes pertaining state law. States seat judges either through election, appointment or a combination of both election and appointment (Missouri Plan). FEDERAL JUDICIARY The federal judiciary is regulated by the Constitution.  Judges on these benches make decisions on issues pertaining to federal law and interstate issues.  To be appointed, an individual must be nominated by the president and consented to by the Senate.  Click the graphic above for greater detail on the behind the scenes process that leads to an appointment.

Expert Analysis

	Packing the Courts is a Serious Threat and America Needs Another Hatton W. Sumners to Speak Up America needs someone who will stand strong against “court-packing,” a plan that threatens the constitutional order and our liberties. Read More		One-Third of Federal Appellate Judges Eligible to Retire Could Create Dozens of Vacancies Before going down treacherous road of court-packing, let’s loook at the judicial vacancies already available right now. Read More
	What Impact Could A Biden Administration Have on America’s Federal Courts? Is it possible for the new administration to effectuate the same transformation and reshaping of the federal judiciary as its predecessor? Read More		Victories Across All Levels of Federal Judiciary Signal a Resurgence of Religious Freedom in 2021 Federal judges have affirmed that religious freedom is an essential right, and houses of worship must be treated equally. Read More
	Democratic Senators Prey with Religious Tests Senators continue to use un-Constitutional religious tests. Read More		Is Religious Liberty Making a Comeback? Our CEO asks if the SCOTUS term will signal a comeback for religious liberty. Read More
	5 Ways the 9th Circuit is Changing See through info-graphs five ways the Ninth Circuit is being changed. Read More		New Nominees are Making a ‘Texas-Sized’ Impact Read how judicial nominees are changing the 5th circuit. Ready More
	7 Pictures show Federal Court’s Transformation See through seven different info-graphs how America’s courts are changing. Read More		Reclaiming the Courts for a Young Generation The U.S. Senate confirms record breaking 200th judicial nominee, Cory Wilson Read More

Keep Up to Date on Judicial Nominees

Check out this letter to our president, Kelly Shackelford, from the chairman of the Senate Judiciary Committee, Senator Chuck Grassley.  In addition to taking your religious freedom cases, First Liberty gets involved to ensure Constitutional originalist judges are confirmed to the bench. Our experts are always at work to keep you and our representatives up to date on pertinent analyses crucial for a well staffed bench and the preservation of liberty.

Join First Liberty’s Effort to Help Confirm Conservative Judicial Nominees

Below are links with U.S. Senators by state. If you want to join with First Liberty, contact your U.S. Senators today and tell them to confirm originalist judges, and stop the threat of court-packing in our nation’s federal judiciary.