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.
🚨 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
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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