Becoming a Supreme Court justice in the US does not require judicial experience, but a background in law is helpful. Nomination by the president and confirmation by the Senate are the only requirements. Candidates must be familiar with the law and politics and get recognized by the president. Once a vacancy arises, candidates are screened by the president’s staff. Confirmation hearings can be contentious, and a nomination can be stifled if 60 senators do not vote to invoke cloture.
To become a Supreme Court justice in the United States, no judicial experience is required, although it could make the process much less complicated. Justices of the Supreme Court have traditionally had a background steeped in the practice of the law. However, the only requirement for those hoping to become a Supreme Court justice is the nomination of the president and confirmation by the Senate.
The first step for those interested in serving on the Supreme Court is to become familiar with the law, commonly accomplished by becoming a licensed attorney. Judicial experience is helpful, but attorneys familiar with United States law and politics, such as those serving in Congress or in other official capacities, can make excellent Supreme Court justices. Once a prospective judge has put his or her career on the line, the next step is to get recognized by the president.
Most of the time, for those serious about becoming a Supreme Court justice, getting the president’s attention isn’t a problem. Most serious candidates move within Washington political circles, familiarizing themselves with other key government figures. While a particular candidate may be more appealing to one party or the other, all that’s left to do is wait for the party he’s most aligned with to be voted into the White House.
Once a vacancy arises, staffers that the president specifically assigns to the position will screen those on the shortlist to become a Supreme Court justice. This check will explore, in detail, the candidate’s personal life. Those with exceptionally embarrassing stories or regrets may think twice before applying at this point.
Once the president has made a selection, it might be tempting to think that the path is clear to becoming a Supreme Court justice. However, if the president’s party is not leading the Senate, or if the majority margin is narrow, contentious confirmation hearings could develop. These usually take place first in the Senate Judiciary Committee. In most cases, the Senate ultimately votes to confirm the nomination. Indeed, of the 144 candidates for the US Supreme Court since the start of the process, only 30 have been rejected by the Senate. However, some withdrew their applications after it became clear a confirmation would not happen.
While you don’t need to have judicial experience to become a Supreme Court justice, it is during the confirmation process that you may prove most helpful. Many senators, especially those opposing the president, may be hesitant to nominate someone without an analyzable criminal record. Also, nominating a candidate with no judicial experience is likely to be seen as political gain, rather than an actual attempt to find the best person for the job.
In some cases, even if the Senate majority is from the president’s party, a nomination can be stifled. To invoke cloture, which means to stop the debate, 60 senators must vote to do so. During the early part of Bush’s term, although Republicans had a majority, they did not have 60 votes. Some candidates waited months to vote in the Senate until an agreement was reached between a bipartisan group of Republican and Democratic senators that candidates would receive a fair vote, in all but the most extreme cases.
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