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SUPREME COURT NOMINATIONS TIMETABLE

Nominee
Seat Vacancy
End Of Court Term
Vacancy Announced
Nominee Announced
First Hearing
Final Senate Action
Total Duration
Stephen G. Breyer
(Clinton)
Harry A. Blackmun
6/30/94
4/6/94
5/14/94
(38 days later)
7/12/94
(59 days later)
7/29/94
(17 days later)
114 days
Ruth Bader Ginsburg
(Clinton)
Byron White
6/28/93
3/19/93
6/14/93
(87 days later)
7/20/93
(36 days later)
8/3/93
(14 days later)
137 days
Clarence Thomas
(Bush 41)
Thurgood Marshall
6/27/91
6/27/91
7/1/91
(4 days later)
9/10/91
(71 days later)
10/15/91
(35 days later)
110 days
David H. Souter
(Bush 41)
William J. Brennan
6/27/90
7/21/90
7/23/90
(2 days later)
9/13/90
(52 days later)
10/2/90
(19 days later)
73 days
Anthony M. Kennedy *
(Reagan)
Lewis F. Powell
6/26/87
6/26/87
11/11/87
(138 days later)
12/14/87
(33 days later)
2/3/88
(51 days later)
222 days*
Robert H. Bork
(Reagan)
Lewis F. Powell
6/26/87
6/26/87
7/1/87
(5 days later)
9/15/87
(76 days later)
10/23/87
(38 days later)
119 days
Antonin Scalia (Reagan)
Warren E. Burger
7/7/86
6/17/86
6/17/86
(0 days later)
8/5/86
(49 days later)
9/17/86
(43 days later)
92 days
William H. Rehnquist (CJ)
(Reagan)
Warren E. Burger
7/7/86
6/17/86
6/17/86
(0 days later)
7/29/86
(42 days later)
9/17/86
(50 days later)
92 days
Sandra Day O'Connor
(Reagan)
Potter Stewart
7/2/81
6/18/81
7/7/81
(19 days later)
9/9/81
(64 days later)
9/21/81
(12 days later)
95 days

Notes

  • There has not been a Supreme Court retirement in over 11 years, making the current Court the longest-serving nine-Judge roster since 1823. In fact, 56 Senators have never voted to fill a Supreme Court vacancy.
  • If Chief Justice Rehnquist retires, he could trigger two confirmation processes or just one, as the President has the option of elevating a current justice or simply naming a new chief justice. Only 5 of the nation's 16 chief justices were elevated from a seat on the Supreme Court.
  • To make comparisons of all Supreme Court vacancies dating back 24 years, set aside the two Clinton announcements (which occurred during the Spring), exclude the Kennedy announcement (which occurred after Bork was defeated), and combine the Rehnquist/Scalia nomination together (since WR was nominated to Chief and AS was nominated to replace the retiring justice). That leaves 5 cases most similar to a potential retirement/vacancy announcement this summer.
  • Most vacancy announcements coincide with the last day of a Supreme Court's session; 3 of 5 occurred on the last day of the Court's summer session
    • The Supreme Court's 2005 session is expected to end the last week in June.
  • Nomination announcements normally follow shortly after vacancy/retirement announcements.
    • In 4 of 5 cases, the nomination announcement came less than a week after the vacancy announcement. (In the 5th case, the nomination was announced 3 weeks after the vacancy announcement.)
    • If a retirement/vacancy happens at the end of June, we could expect that President Bush will announce the new nominee during the last week in June or the first week in July.
  • The Senate - which alone confirms nominees - historically aspires to confirm a nominee prior to the beginning of the Supreme Court's next session, which happens around the first week of October.
    • In 4 of 5 cases, the nominee's first hearing was not until after Labor Day.
    • Among these 5 cases, the earliest the Senate completed action was September 17th and the latest was October 23rd.

Information compiled by Progress for America

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