Here’s how long it’s taken to confirm past Supreme Court justices

Supreme Court Justice Stephen Breyer’s plans to retire from the high court after nearly three decades on the bench are set to pave the way for a speedy confirmation process for his eventual successor.

Breyer, the court’s senior liberal justice, had been facing intense retirement calls from some Democrats who feared that if he didn’t step down while the party controlled the White House and held a razor-thin majority in the Senate, Republicans could have eventually been the party to determine the fate of his replacement.

Breyer is expected to stay on until the end of the court term and until a replacement is confirmed, a well-placed source familiar with the matter told CNN.

Already, Breyer’s retirement plans have prompted Senate Democrats to begin eyeing a quick confirmation process for whomever President Joe Biden nominates to replace him, with Senate Majority Leader Chuck Schumer saying on Wednesday that he will follow a similar timeline to the one that Republicans employed to confirm Amy Coney Barrett to the court in 2020, according to a source familiar with this thinking.

Senate Democrats only need a simple majority of 51 votes to confirm a new justice once one is formally nominated. Currently, there are just 48 Democrats in the Senate, with two independents who caucus with the party. Should no Republicans join Democrats in voting in favor of Biden’s nominee, Vice President Kamala Harris would need to cast a tie-breaking vote in order to get the nominee over the finish line.

Here’s a look at how long it has taken to confirm past Supreme Court justices:

Chief Justice John G. Roberts administers the Judicial Oath to U.S. Supreme Court Associate Justice Amy Coney Barrett on October 27, 2020 in Washington, DC.

Amy Coney Barrett (30 days)

President announces nomination: September 26, 2020

Senate receives nomination: September 29, 2020

Confirmed: October 26, 2020

Brett Kavanaugh (L) is sworn-in as Associate Justice of the US Supreme Court by Associate Justice Anthony Kennedy (R) before wife Ashley Estes Kavanaugh (2nd-R), daughters Margaret (2nd-L) and Elizabeth (C), and US President Donald Trump at the White House in Washington, DC.

Brett Kavanaugh (89 days)

President announces nomination: July 9, 2018

Senate receives nomination: July 10, 2018

Confirmed: October 6, 2018

Neil Gorsuch testifies before the Senate Judiciary Committee during his nomination hearing to be an Associate Justice of the US Supreme Court on March 22, 2017 in Washington, DC.

Neil Gorsuch (66 days)

President announces nomination: January 31, 2017

Senate receives nomination: February 1, 2017

Confirmed: April 7, 2017

Elena Kagan attends a White House ceremony marking her confirmation to the Supreme Court in August 2010.

Elena Kagan (87 days)

President announces nomination: May 10, 2010

Senate receives nomination: May 10, 2010

Confirmed: August 5, 2010

U.S. Supreme Court Associate Justice Sonia Sotomayor smiles during a group portrait session for the new full court at the Supreme Court on Nov. 30, 2018 in Washington, DC.

Sonia Sotomayor (72 days)

President announces nomination: May 26, 2009

Senate receives nomination: June 1, 2009

Confirmed: August 6, 2009

Associate Justice Samuel Alito poses for the official group photo at the US Supreme Court on November 30, 2018 in Washington, DC.

Samuel Alito (92 days)

President announces nomination: October 31, 2005

Senate receives nomination: November 10, 2005

Confirmed: January 31, 2006

Jane Roberts (C) holds a Bible as John Roberts (L) raises his right hand as he is sworn in as Chief Justice of the United States Supreme Court by Associate Justice John Paul Stevens during a ceremony in the East Room at the White House Sept. 29, 2005, in Washington DC.

John Roberts (72 days)

President announces nomination: July 19, 2005

Senate receives nomination: July 29, 2005

Confirmed: September 29, 2005

(Note: Roberts was nominated twice by Bush but in immediate succession. The first was to replace Sandra Day O’Connor, but upon the death of William Rehnquist, his initial nomination was withdrawn and resubmitted as a nomination for Chief Justice. There are 23 days between his second nomination on September 6 and his confirmation.)

U.S. Supreme Court Associate Justice Stephen Breyer is seen during a group portrait session for the new full court at the Supreme Court on Nov. 30, 2018, in Washington, DC.

Stephen Breyer (77 days)

President announces nomination: May 13, 1994

Senate receives nomination: May 17, 1994

Confirmed: July 29, 1994

Supreme Court Justice Ruth Bader Ginsburg is seen on February 14, 2020 in Washington, DC.

Ruth Bader Ginsburg (50 days)

President announces nomination: June 14, 1993

Senate receives nomination: June 22, 1993

Confirmed: August 3, 1993

US Supreme Court nominee Clarence Thomas raises his right hand as he is sworn in on Sept. 10, 1991, during confirmation hearings before the US Senate Judiciary Committee, in Washington, DC.

Clarence Thomas (106 days)

President announces nomination: July 1, 1991

Senate receives nomination: July 8, 1991

Confirmed: October 15, 1991