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 chamber.
While the Senate abolished the filibuster for Supreme Court nominations long ago, Democrats are set for an outright majority, meaning Trump would need Democratic support to confirm anyone to the bench.
🚨 RON DESANTIS: "Just think what this means having 56 [Democrat] Senators! That means no Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks."
— Eric Daugherty (@EricLDaugh) November 4, 2026
"No major cabinet officials that have strong conservative… pic.twitter.com/WAqF8w5upa
Republicans can technically confirm replacements in the lame-duck session of Congress, the from the November elections until the new Congress is sat in January of the following year. The Senate is set to go on Christmas recess December 21.
Two conservative justices, Clarence Thomas and Samuel Alito, have attracted speculation that they could retire soon.
Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.
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