‘Very Common’: SCOTUS Nominees Supplementing Their Committee Questionnaires Is Completely Routine

Chief Justice John Roberts And Justices Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, And Brett Kavanaugh All Submitted Supplemental Material To Their Original Senate Judiciary Committee Questionnaires

Then-Judge John Roberts submitted a supplemental response to the Senate Judiciary Committee Questionnaire on August 3, 2005. (Judge John Roberts, Letter to Sen. Specter, 08/03/2005)

Then-Judge Samuel Alito submitted supplemental materials to the Senate Judiciary Committee on December 7, 2005 and January 20, 2006. (Judge Samuel Alito, Letter to Sen. Specter, 12/07/2005; Judge Samuel Alito, Letter to Sen. Specter, 01/20/2006)

• On December 7, 2005, Alito submitted a supplemental response to Question 17.e (Appendix3) and Question 23 (Appendix 4). (Judge Samuel Alito, Letter to Sen. Specter, 12/07/2005)

• On January 20, 2006, Alito submitted a supplemental response to Question 23.a of the Senate Judiciary Committee Questionnaire after his nomination hearings concluded. (Judge Samuel Alito, Letter to Sen. Specter, 01/20/2006; “Supreme Court Nomination Hearings,” U.S. Senate. Accessed 10/9/2020)

Note: Alito’s nomination hearings took place on January 9, 10, 11, 12, 13, 2006.

Then-Judge Sonia Sotomayor submitted supplemental materials to the Senate Judiciary Committee on June 5, 2009, June 15, 2009, and June 19, 2009. (“Associate Justice of the U.S. Supreme Court - Sonia Sotomayor,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On June 5, 2009, Sotomayor submitted a memorandum to the Puerto Rican Legal Defense and Education Fund. (“Associate Justice of the U.S. Supreme Court - Sonia Sotomayor,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On June 15, 2009, Sotomayor submitted 32 supplemental attachments that included letters, remarks, speeches, legal cases, briefs, memorandums, a book excerpt, meeting minutes, and files from the New York District Attorney's Office. (“Associate Justice of the U.S. Supreme Court - Sonia Sotomayor,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On June 19, 2009, Sotomayor submitted a Questionnaire Supplement. (“Associate Justice of the U.S. Supreme Court - Sonia Sotomayor,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

Then-Solicitor General Elena Kagan submitted supplemental materials to the Senate Judiciary Committee on May 18, 2010, May 20, 2010, and June 18, 2010. (“Associate Justice of the U.S. Supreme Court - Elena Kagan,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On May 18, 2010, Kagan submitted her Oxford Thesis and Princeton Thesis. (“Associate Justice of the U.S. Supreme Court - Elena Kagan,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On May 20, 2010, Kagan submitted a letter to the Senate Judiciary Committee re: Question 13(a) and 13(b). (“Associate Justice of the U.S. Supreme Court - Elena Kagan,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

• On June 18, 2010, Kagan submitted her remarks from Case Western Law School and Chicago Law School re: Question 12(d). (“Associate Justice of the U.S. Supreme Court - Elena Kagan,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

In 2017, Then-Judge Neil Gorsuch submitted a Supplement to Question 11(a), Supplement to Question 11(c), Supplement to Question 12(a), Supplement to Question 12(d), Supplement to Question 12(e), Supplemental Appendix 12(a), Supplemental Appendix 12(d), Supplemental Appendix 12(E), Supplemental Appendix 13(b), Supplemental Appendix 13(c), Supplemental Appendix 13(f). (“Questionnaire For Nominee To The Supreme Court Judge Neil M. Gorsuch,” U.S. Senate Judiciary Committee, 02/15/2017; Supplemental Appendices, U.S. Senate Judiciary Committee, Accessed 10/8/2020)

In 2018, Then-Judge Brett Kavanaugh submitted a Supplemental Net Worth Statement, Appendix 12(D) Supplemental, Appendix 12(E) Supplemental, Appendix 13(B) Supplemental, Appendix 13(C) Supplemental, and a Appendix 16(E) Supplemental. (“M. Kavanaugh, of Maryland, to be an Associate Justice of the Supreme Court of the United States, vice Anthony M. Kennedy, retiring,” U.S. Senate Judiciary Committee, Accessed, 10/8/2020)

The Obama Administration Admitted Sonia Sotomayor Did Not Initially Submit All Of Her Required Information And That ‘Supplemental Information Would Be Forthcoming,’ Which ‘Is Very Common For Supreme Court Nominations’

“In a letter sent to Sotomayor today, the seven Republicans on the Senate Judiciary Committee criticized what they called ‘apparent omissions’ in the voluminous questionnaire the federal judge filled out in conjunction with her nomination. … The letter on Judiciary Committee stationary says Sotomayor failed to provide records of 98 additional speeches. ‘We are particularly troubled because there may well be transcripts available for certain remarks,’ the letter said, citing one 2004 speech the committee was able to find online. The Senators said the nominee omitted details of her employment record and copies of law review articles she edited, and that she still needs to provide information on 17 cases she prosecuted while working as an assistant district attorney in New York in the early 1980s.” (“Republicans Say Sotomayor Questionnaire Incomplete, Request More Information,” The Washington Post, 6/10/2009)

• “Senate Republicans on Wednesday stepped up their complaints that Judge Sonia Sotomayor submitted incomplete responses to the written questionnaire in connection with her nomination to the Supreme Court. … Among other requests, they demanded that she provide copies of the Yale Law Journal, of which she was an editor, and also that she clarify her role on the Puerto Rican Legal Defense and Education Fund, an advocacy group in New York.” (“Senate Republicans Demand More Background on Sotomayor,” The New York Times, 6/10/2009)

• “The letter provided detailed references and requests. For example, the senators wrote: ‘Question 12(a) requires lists of copies of materials written or edited. You have been widely described as editor of the Yale Law Journal and as Managing Editor of the Yale Studies in World Public Order. However, you have not provided any copies of materials from either publication. Please provide the Committee with copies of any materials you edited during your tenure as an editor of both law reviews.’ In one pointed passage, the Republicans asserted that Judge Sotomayor had not been particularly forthright in providing information about speeches she has given, including written summaries of any speech for which there was no prepared text, and a draft, video, or transcript of speeches where the text had been prepared in advance.” (“Senate Republicans Demand More Background on Sotomayor,” The New York Times, 6/10/2009)

• “Though she has generally received high marks from senators of both parties, Republican lawmakers continue to express concern that Supreme Court nominee Sonia Sotomayor hasn't provided complete records during the run up to her confirmation hearings. … But while the one-on-one sessions have helped the lawmakers get to know her a bit better, Republicans charge that she hasn't produced any record of 98 speeches, roughly half of the comments she's made since the early 1990s.” (“Republicans Want More Sotomayor Records,” ABC News, 6/18/2009)

“A spokesman for the White House, Ben LaBolt, did not dispute that there was additional information to be provided. He said that the administration had made clear that supplemental information would be forthcoming and that it would be responsive to requests by the Judiciary Committee but that it had supplied the bulk of information quickly so the Senate could begin its review.” (“Senate Republicans Demand More Background on Sotomayor,” The New York Times, 6/10/2009)

• OBAMA WHITE HOUSE SPOKESMAN BEN LaBOLT: “The vast majority of information requested in the Committee questionnaire was provided last week so that the Senate could begin its review… At that time, the White House made it clear that supplemental information would be forthcoming, which as the Committee knows is very common for Supreme Court nominations. We will forward the supplemental information as soon as our review is complete. We have been and will continue to be as responsive to the Committee’s requests, but this in no way should slow the confirmation process. The information sent to the Committee last week provided a substantive and exhaustive review of Judge Sotomayor’s record.” (“Senate Republicans Demand More Background on Sotomayor,” The New York Times, 6/10/2009)