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. President Trump, along with the Republican-controlled Senate, has a prime opportunity to nominate judges who will uphold the Constitution. As with the nomination of Judge Brett Kavanaugh 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.

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.

In the News

  Check out these articles with outstanding graphics and stats on nominees and the process to the bench.

Read what others are saying about the presidential power of appointments and how President Trump is impacting the courts.

Here’s what’s unfolding in the Senate regarding judicial appointments.

Delve deeper! You’ll find references to the Founding Fathers’ intentions for the court, views on the purpose of the court and how judges should act (in both the nominee phase and once on the bench), and political strategies used to by all the branches to further their causes through the judiciary.

Urge the U.S. Senate to Confirm Conservative Judicial Nominees

Below are links with U.S. Senators by state. Contact your U.S. Senators today and tell them to quickly confirm textualist judges to our nation’s federal judiciary. We’ve provided you with suggested language you can use in your letter to your Senators.