The Republicans are currently trying to confirm their candidate for the Supreme Court before the election. Today it was announced that the senate will be on break for a few days due to several corona cases. Suppose they do not get their candidate confirmed before election day.

Could the senate confirm a candidate in the time period after the election but before the new senate is sworn in? Does this depend in any way on whether the results of the election are already known and on whether the president or the senate majority changes?


1 Answer 1


Yes. US Constitution, at Article two, Section two, provides that the President has the power to nominate the justices and appointments are made with the advice and consent of the Senate. There is nothing restricting the President from doing this on any particular day from beginning to end of his term, and also no restriction on when the Senate may give their advice and consent.

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