President Donald J. Trump’s ability leave a lasting mark on the Supreme Court could be impeded by Democrats if they win back control of the Senate in next month’s midterm elections.
The president could ensure a long-lasting conservative presence on the nation’s highest court if one – or both – of the most senior justices decide to hang up their robe while a Republican president is in position to pick their replacement. Clarence Thomas is 78, and Samuel Alito is 76.
But any move by Trump to fill either seat if they choose to retire will be opposed by an emboldened Senate majority with a long memory of how then-GOP Senate Majority Leader Mitch McConnell wouldn’t allow a vote on Merrick Garland, who was nominated by Barack Obama to replace conservative icon Antonin Scalia, who suddenly and unexpectedly died in 2016.
New —> Some Democrats don’t expect to fill a Supreme Court vacancy under Trump
BLUMENTHAL: “Well, given the history of Trump nominees, I think it is slim to none that we would support a nominee from this administration.”
GALLEGO: “No, we’ve got to do exactly what McConnell did to us.”
I asked SCHUMER how he’d handle a potential Trump SCOTUS nominee: “One of the reasons we want to do everything we can to take back the Senate is not let Trump put such horrible justices — MAGA justices — on the Supreme Court and the lower courts.”
Court stakes are high in the 2026 battle for Senate control, as Alito admits he’s thought about retirement.
https://t.co/Edq18Nu769
— Sahil Kapur (@sahilkapur) October 5, 2026
“The bottom line is: One of the reasons we want to do everything we can to take back the Senate is not let Trump put such horrible justices — MAGA justices — on the Supreme Court and the lower courts,” Senate Minority Leader Chuck Schumer (D-NY) told NBC News.
Connecticut Senator Richard Blumenthal also indicated that Democrats aren’t going to allow Trump to fill a potential SCOTUS vacancy during his final two years in office.
“Well, given the history of Trump nominees, I think it is slim to none that we would support a nominee from this administration,” he said, according to NBC News. “Because we’ve seen this movie, we know how it ends, which is a politician in robes who is following Trump’s orders on most major questions.”
“No, we’ve got to do exactly what McConnell did to us,” declared Sen. Ruben Gallego (D-Ariz.).
Instead of confirming Garland, the McConnell-led GOP refused to hold hearings, citing the closeness of the 2016 election. The seat was ultimately filled by Justice Neal Gorsuch, the first of Trump’s three picks during his first term.
The Arizona Democrat didn’t go so far as to call for a rule so no president could get a pick past a Senate controlled by the opposition party, but told NBC News that he wants Dems to “even the scales.”
Beyond that, “I don’t think you know you want to go down that road,” he said. “But clearly you know McConnell and Trump used, I would say, their power, whatever you want to call it, to change the makeup of the courts. And I think we have to start moving it back.”
Alito recently told CBS News that he had considered retiring but ultimately decided against it.
“I thought about it,” he said. “Well, it’s something I think that somebody at my age has to think about every term.”
Senate Judiciary Committee member Sen. John Kennedy (R-La.) isn’t optimistic that Trump could overcome a Democrat SCOTUS blockade.
“I don’t think it would be impossible. You know, there’s a slim possibility, very slim possibility,” the Louisiana Republican told NBC News. “But there’s a possibility that somebody would confuse me with Brad Pitt. I mean, it’s possible, but it’s not likely.”
- RESIST! Senate Dems don’t intend on allowing Trump to fill SCOTUS vacancy - October 6, 2026
- Biden-era FBI tracked Melania and Barron Trump’s movements, Susie Wiles’ calls - October 6, 2026
- Kennedy jabs ‘Tempestuous’ Trump over publicly giving out fellow GOP senator’s cellphone number - October 5, 2026
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.