ABSTRACT
Supreme Court nominations are normally referred to the Senate Judiciary Committee for investigation and public hearings. The Senate’s consideration of Supreme Court nominations in the twentieth century is notable because of the routine treatment and high expectation of confirmation in most cases. Once the President has made a nomination, however, legislative participation in the process is ensured by the requirement of Senate confirmation. In confirmation proceedings, the Senate has normally limited its inquiry to whether a nominee’s background included training, experience and judicial temperament deemed appropriate for the position. Voting on confirmation by the Senate follows much the same pattern—approval by either a unanimous or a decisive majority vote. The Powell and Rehnquist nominations came toward the end of the congressional session when the Senate was attempting to expedite completion of its business. Moreover, the nomination of Earl Butz as Secretary of Agriculture, confirmed by a close margin, had exhausted considerable Senate energy.
