Here’s how long it’s taken to confirm past Supreme Court justices
By Jessica Campisi and Devan Cole, CNN
Supreme Court Justice Stephen Breyer’s plans to retire from the high court after nearly three decades on the bench are set to pave the way for a speedy confirmation process for his eventual successor.
Breyer, the court’s senior liberal justice, had been facing intense retirement calls from some Democrats who feared that if he didn’t step down while the party controlled the White House and held a razor-thin majority in the Senate, Republicans could have eventually been the party to determine the fate of his replacement.
Breyer is expected to stay on until the end of the court term and until a replacement is confirmed, a well-placed source familiar with the matter told CNN.
Already, Breyer’s retirement plans have prompted Senate Democrats to begin eyeing a quick confirmation process for whomever President Joe Biden nominates to replace him, with Senate Majority Leader Chuck Schumer saying on Wednesday that he will follow a similar timeline to the one that Republicans employed to confirm Amy Coney Barrett to the court in 2020, according to a source familiar with this thinking.
Senate Democrats only need a simple majority of 51 votes to confirm a new justice once one is formally nominated. Currently, there are just 48 Democrats in the Senate, with two independents who caucus with the party. Should no Republicans join Democrats in voting in favor of Biden’s nominee, Vice President Kamala Harris would need to cast a tie-breaking vote in order to get the nominee over the finish line.
Here’s a look at how long it has taken to confirm past Supreme Court justices:
Amy Coney Barrett (30 days)
President announces nomination: September 26, 2020
Senate receives nomination: September 29, 2020
Confirmed: October 26, 2020
Brett Kavanaugh (89 days)
President announces nomination: July 9, 2018
Senate receives nomination: July 10, 2018
Confirmed: October 6, 2018
Neil Gorsuch (66 days)
President announces nomination: January 31, 2017
Senate receives nomination: February 1, 2017
Confirmed: April 7, 2017
Elena Kagan (87 days)
President announces nomination: May 10, 2010
Senate receives nomination: May 10, 2010
Confirmed: August 5, 2010
Sonia Sotomayor (72 days)
President announces nomination: May 26, 2009
Senate receives nomination: June 1, 2009
Confirmed: August 6, 2009
Samuel Alito (92 days)
President announces nomination: October 31, 2005
Senate receives nomination: November 10, 2005
Confirmed: January 31, 2006
John Roberts (72 days)
President announces nomination: July 19, 2005
Senate receives nomination: July 29, 2005
Confirmed: September 29, 2005
(Note: Roberts was nominated twice by Bush but in immediate succession. The first was to replace Sandra Day O’Connor, but upon the death of William Rehnquist, his initial nomination was withdrawn and resubmitted as a nomination for Chief Justice. There are 23 days between his second nomination on September 6 and his confirmation.)
Stephen Breyer (77 days)
President announces nomination: May 13, 1994
Senate receives nomination: May 17, 1994
Confirmed: July 29, 1994
Ruth Bader Ginsburg (50 days)
President announces nomination: June 14, 1993
Senate receives nomination: June 22, 1993
Confirmed: August 3, 1993
Clarence Thomas (106 days)
President announces nomination: July 1, 1991
Senate receives nomination: July 8, 1991
Confirmed: October 15, 1991
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