What's Next for Judge Ketanji Brown Jackson's Supreme Court Nomination?

What’s the story?

• The Senate Judiciary Committee on Thursday wrapped up its confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court, clearing the way for the committee to send the nomination to the full Senate in the coming weeks.
• The next step in the process for Jackson’s nomination is set to occur Monday, March 28th, although it’s mostly a procedural step. After the Senate Judiciary Committee concludes its hearings on a nomination, it traditionally “holds over” the nomination for one week before voting to advance the nomination to the Senate floor. The hold-over period allows senators to continue one-on-one meetings with the nominee, who can respond in person and in writing to any outstanding questions.
• Monday’s hearing will mark the beginning of the hold-over period which would end on April 4th ― the next time the Senate Judiciary Committee takes up the nomination. The April 4th hearing is expected to be when the committee votes on advancing Jackson’s nomination to the full Senate.
• It’s possible that the committee, which is evenly divided with 11 senators from either party given the full Senate’s 50-50 split, will deadlock along party-lines. In the event of a tie vote, the committee could still choose to allow the nomination to advance to the Senate floor, perhaps with a neutral recommendation, or the full Senate can move to discharge the nomination from the committee.
• The Senate rules for a motion to discharge require four hours of debate equally divided between the two sides, which would be followed by a vote that requires a simple majority to pull the nomination out of the committee and bring it to the floor. Vice President Kamala Harris could then, if necessary, break a tie vote on the floor to allow the Senate to consider the nomination. Once the nomination is discharged, it can be debated on the floor with the same procedures as other nominations. 
• After the discharge vote, Senate Majority Leader Chuck Schumer (D-NY) would file a cloture motion to limit debate that would have to “ripen” for one full day before a vote to “invoke cloture” occurs. Once cloture is invoked, the Senate would debate the nomination for up to 30 hours unless time is yielded back by either side. So for example, if the motion is filed on a Monday, the cloture vote could occur Wednesday and a confirmation vote could follow on Thursday or Friday depending on when the votes occur or if time is yielded back.
• Democrats have indicated that they hope to confirm Jackson to the Supreme Court before the chamber begins a two-week recess on April 11th.

RELATED READING

• Senate Judiciary Committee Concludes Judge Ketanji Brown Jackson’s Supreme Court Confirmation Hearings (3/24/22)
• Watch & Comment: Senate Judiciary Committee Holds Judge Ketanji Brown Jackson's Supreme Court Confirmation Hearings (Day 3) (3/23/22)
• Watch & Comment: Senate Judiciary Committee Holds Judge Ketanji Brown Jackson's Supreme Court Confirmation Hearings (Day 2) (3/22/22)
• President Biden Nominates Judge Ketanji Brown Jackson to the Supreme Court (2/25/22)
• Supreme Court Justice Stephen Breyer Announces Retirement (1/27/22)
• Know a Nominee: Judge Ketanji Brown Jackson to the D.C. Circuit Court of Appeals (6/14/21)

— Eric Revell

(Photo Credit: iStock.com / SeanPavonePhoto)