Overview
- Voters delivered Democratic control of the House and flipped the Senate in the Nov. 4 midterms, a majority that will be seated on Jan. 3 and can reject Supreme Court nominations.
- Under the Constitution the Senate confirms justices, so the new majority will effectively prevent President Trump from filling any vacancy once it takes office.
- Justice Samuel Alito has told people close to him he does not plan to retire immediately and there is no public evidence of acute health problems for either Alito or Justice Clarence Thomas.
- Some Republicans and conservative commentators urged pressuring a justice or using the lame‑duck window to rush a confirmation, but legal scholars and several GOP senators say a politically timed resignation would be unlikely and risky.
- Longer term effects include slowed lower‑court confirmations if Democrats use blue‑slip and other procedures, and analysts warn Republicans may struggle to regain a Senate majority able to confirm Trump nominees for several years, a timeline that would shape the court and litigants' lives.