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VERIFY: What exactly does the Senate Judiciary Committee vote on for Judge Barrett?

It's not a 'yes' or 'no' for a Supreme Court nominee. The committee is offering a recommendation to the full Senate.

WASHINGTON — The Senate Judiciary Committee plans to vote on the Supreme Court Nomination of Amy Coney Barrett on Thursday.

Democrats plan to boycott the vote, but there’s nothing they can really do to stop her nomination from being sent on to the full Senate for a vote.

Question:

What exactly does the Senate Judiciary Committee vote on for Judge Amy Coney Barrett?

Answer:

The Committee votes to move Judge Barrett to a full Senate vote with a recommendation.

Our Sources:

The Congressional Research Services’ 2020 report on the Senate Judiciary Committee and Professor Steven Smith, a political science expert at Washington University.

Process:

First, you must understand the function of the Senate Judiciary Committee in the Supreme Court confirmation process. The committee doesn’t vote 'yes' or 'no' on the nominee.

According to the Congressional Research Services 2020 report, the Judiciary Committee holds hearings –like the ones held last week -- to determine what type of recommendation to give to the Senate on the nominee.

The report said there are three types of recommendations: favorable, unfavorable, or no recommendation.  The decision is determined by a majority vote.

Regardless of the choice, the report said, it is a tradition for the nominee to go for a vote to the Senate floor.  Yes, even an unfavorable recommendation would get a vote.

In fact, according to Professor Smith, one of the Supreme Court justices sitting on the bench right now received no recommendation and still got a vote on the Senate floor--Justice Clarence Thomas.

So that is what the Senate Judiciary Committee decides Thursday. Do they send Judge Barrett to the Senate floor for a confirmation with a favorable, unfavorable or no recommendation?

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