Dem Senate wins nearly lock out possible SCOTUS nods for Trump

While the Senate abolished the filibuster for Supreme Court nominations long ago, the Dems are set for an outright majority, meaning Trump would need Democratic support to confirm anyone to the bench.

Published: November 4, 2026 1:52pm

Democratic wins in key Senate races have set up an uphill battle for President Donald Trump to replace any potentially retiring Supreme Court justices once the opposition takes power in the lower chamber.

While the Senate abolished the filibuster for Supreme Court nominations long ago, the Dems are set for an outright majority, meaning Trump would need Democratic support to confirm anyone to the bench. Gov. Ron DeSantis, R-Fla., opined on the situation on Wednesday, saying "no Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks."

Senate Minority Leader Chuck Schumer, meanwhile, seemed to suggest that his priority would be to obstruct Trump wherever possible, saying in a press conference on Wednesday that "[w]henever Trump defies the will of the American people or the law, we will launch investigations, take him to court, entangle him in legislative razor wire."

Two conservative justices, Clarence Thomas and Samuel Alito, have attracted speculation that they could retire soon. But replacing either will be extremely difficult if Democrats control the chamber when they do.

It is technically possible for Republicans to confirm replacements in the lame-duck session of Congress, however.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.

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