How are Supreme Court Justices selected? (supremecourt.gov)
"The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority."
Article II, Section 2 (law.cornell.edu)
"The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States;"
Supreme Court Justices - The Senate Confirmation Process (usgovinfo.about.com)
"Sonia Sotomayor, President Obama's nominee to replace retiring Justice David Souter on the Supreme Court will face the same two-step Senate confirmation process that must be endured by all Supreme Court nominees."