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Democratic Senate Gain Upends Supreme Court Stakes

The projected shift in confirmation power could block further conservative appointments and has pushed Republicans to consider legally novel and politically risky tactics.

Overview

  • Projections after Tuesday’s midterm elections show Democrats will hold at least 54 Senate seats, giving them the votes to block or stall presidential judicial nominees.
  • Justices Samuel Alito and Clarence Thomas have told associates they do not plan to retire immediately, with Alito saying he will remain through the current Court term.
  • Senate Republicans, including Majority Leader John Thune, say a lame‑duck confirmation remains possible if a justice changes course, though moderates’ votes would be uncertain.
  • A public proposal to nominate and confirm a justice before any vacancy and delay issuing a commission has been raised as a legal workaround, but scholars call the idea novel and fraught with political and institutional risk.
  • News outlets differ in emphasis: conservative outlets highlight GOP contingency plans, while others stress Democratic pledges to block right‑wing nominees and the rarity of last‑minute retirements in modern practice.