can the senate filibuster a supreme court nominee
Appointment and confirmation to the Supreme Court of the United States Not everyone nominated by the President has received a floor vote in the Senate. Prior to 2017 a nominee could be filibustered once debate on the nomination had begun in the full Senate. A filibuster indefinitely prolongs the debate, preventing a final vote on the nominee. President Lyndon Johnson's nomination of sitting Associate Justice Abe Fortas to succeed Earl Warren as Chief Justice in 1968 was the first successful filibuster of a Supreme Court nominee. It included both Republican and Democratic senators concerned with Fortas's ethics. President Donald Trump's nomination of Neil Gorsuch to the seat left vacant by Antonin Scalia's death was the second. Unlike the Fortas filibuster, however, only Democratic Senators voted against cloture on the Gorsuch nomination, citing his perceived conservative judicial philosophy, and the Republican majority's prior refusal to take up Obama's nomination of Merrick Garland to fill the vacancy.[6][7][8] This led the Republican majority to change the rules[9] and eliminate the filibuster for Supreme Court nominations.[10]
Appointment and confirmation to the Supreme Court of the United States Once the Committee reports out the nomination, the whole Senate considers it. A simple majority vote is required to confirm or to reject a nominee. Prior to 2017, a successful filibuster threat could add the requirement of a supermajority of 60 needed in favor of cloture, which would allow debate to end and force a final vote on confirmation. Rejections are relatively uncommon; the Senate has explicitly rejected twelve Supreme Court nominees in its history. The most recent rejection of a nominee by vote of the full Senate came in 1987, when the Senate refused to confirm Robert Bork.