On Supreme Court Justice nominations and cloture.
Cloture: motions to bring debate on Supreme Court nominations to a close have
been made on five occasions:
-
1968 Justice Abe Fortas (Cheif Justice) , the Senate failed to invoke cloture by a 45-43 vote, prompting President Johnson to withdraw the nomination.
-
1971 William H. Rehnquist (Associate Justice) , although the cloture motion failed by a (52-42) vote, Rehnquist was confirmed later the same day. (68-26)
-
1986 Associate Justice Rehnquist (Chief Justice) , with the Senate voting for cloture (68-31), and Justice Rehnquist subsequently was confirmed as Chief Justice. (65-33)
-
2006 Samuel A. Alito Jr (Associate Justice) , senate voted to invoke cloture by a (72-25) vote, and the next day it confirmed the Alito nomination by a vote of (58-42).
-
2017 Neil M. Gorsuch (Associate Justice) , a 55-45 vote on a motion to close debate on the nomination fell short of the super majority required under Senate rules—then three-fifths of the Senate’s full membership. Immediately thereafter, however, the Senate voted to reinterpret its cloture rule to allow cloture to be invoked on Supreme Court nominations by a simple majority. The Senate then, pursuant to the rule reinterpretation, voted a second time on the motion to close debate on the nomination, again by a (55-45) vote, which this time exceeded the majority required (now a simple majority). The next day, the Senate confirmed the Gorsuch nomination by a vote of (54-45).
-
2018 Brett M. Kavanaugh (Associate Justice) , senate voted to invoke cloture by a (51-49) vote.
-
Justice Abe Fortas. failed to invoke cloture (45-43). nomination withdrawn
-
William H. Rehnquist. failed to invoke cloture (52-42). confirmed (68-26)
-
Associate Justice Rehnquist. invoked cloture (68-31). confirmed (65-33)
-
Samuel A. Alito Jr. invoked cloture (72-25). confirmed (58-42)
-
Neil M. Gorsuch. invoked cloture (55-45) {rule change to simple majority}. confirmed (54-45)
-
Brett M. Kavanaugh. invoked cloture (51-49). pending . . .
Conclusion:
If cloture is invoked , the nomination is confirmed. (3/3)
>Welcome aboard, Justice K.
Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President https://fas.org/sgp/crs/misc/RL33225.pdf