A week after the death of Ruth Bader Ginsburg, emblematic liberal judge of the American Supreme Court, Donald Trump presented his candidate to replace her, Amy Coney Barrett, yesterday during a press conference.
However, this conservative judge must pass several stages before her official appointment to the highest court in the country.
If the president has the power to appoint the judges of the Supreme Court, the American system of "checks and balances" indeed provides that the Senate validates this choice.
Investigations
In preparation for her hearing, the Senate Judicial Affairs Committee must first investigate Amy Coney Barrett.
These are based on a file completed by the candidate and a thorough investigation by the FBI.
The commission will also seek its opinion from the American Bar Association, which brings together voluntary members of the American bar.
More concretely, it is about learning about Amy Coney Barrett's past, about her family situation, her publications or her positions.
Public hearing before the Judicial Affairs Committee
At the end of these investigations, Amy Coney Barrett will be heard before the Judicial Affairs Committee.
This will be broadcast on television.
In particular, she will answer questions of a constitutional and judicial philosophy.
She may also be questioned on more personal aspects.
Vote of the Judicial Affairs Committee
The Judicial Affairs Committee will then meet to decide on the choice of president to decide whether Amy Coney Barrett will be put to a vote in the Senate.
A favorable, unfavorable or neutral opinion will then be issued by the committee, which will send a written report to the senators.
Vote in the Senate
In a final step, senators will hold a final vote on the appointment of Amy Coney Barrett to the Supreme Court.
A simple majority is required for it to be confirmed.
If Donald Trump's candidate passes all the stages successfully, it should be easily acquired.
The Republicans are in fact in the majority in the Senate with 53 seats (against 45 for the Democrats).
A major stake for Donald Trump
The stake for Donald Trump is that these stages be completed before the presidential election of November 3 so that the Supreme Court has a new conservative member and can tip the scales in his favor in the event of disagreement around the ballot.
To satisfy the president's wishes, this procedure must therefore be completed within five weeks, whereas as normal, it requires at least twice as much.
Moreover, even if judges have already been appointed to the Supreme Court the year of a presidential election, no confirmation was made after July.
In 2016, the Republican Senate had even refused to rule on the nomination of Merrick Garland by Barack Obama after the death of Judge Antonin Scalia, even though this proposal had come more than 230 days before the presidential election.
This fast-track procedure should not be a problem for Republicans.
Lindsey Graham, chairman of the Judicial Affairs Committee and staunch supporter of Donald Trump, has conveyed a tight schedule to his colleagues.
This provides for a public hearing on October 12 for an estimated duration of four days, and a vote by the committee on the 22nd. The Senate should then decide at the end of October.
If the vote is positive, the installation of Amy Coney Barrett at the Supreme Court should be done in the following days.