Could Thomas and Alito Retire to Give Trump Two More Supreme Court Picks Should Dem Win the Senate?
Is this far-fetched? Perhaps. Impossible? Hardly.
Several pollsters and forecasters predict Democrats will win the U.S. Senate in these midterm elections. We won’t know for several hours whether they’re right, but a Democratic victory could trigger a rush to fill Supreme Court vacancies before Republicans surrender control.
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That would require one or both of two justices — Clarence Thomas and Samuel Alito — to retire during the Senate’s lame-duck session.
Although justices often announce their retirements near the end of the Supreme Court’s term, nothing prevents an abrupt departure. Immediate retirements would let Trump nominate replacements in their 40s who could serve for another 30 or 40 years.
The uproar would be enormous. But if Senate Majority Leader John Thune moves the nominations forward and Republicans hold together, Democrats would have little power to stop them.
Republican Sens. John Cornyn and Thom Tillis, whose careers were killed by Trump, could complicate matters. Would they stick a finger in Trump’s eye, or fall in line to cement a conservative supermajority for decades?
Other Republicans might balk, fearing a backlash when they face voters in two years. But would that concern outweigh the chance to shape the Supreme Court for a generation?
Is this far-fetched? Perhaps. Impossible? Hardly.
Recall how quickly the Senate confirmed Amy Coney Barrett after Ruth Bader Ginsburg’s death in 2020. That vacancy was unexpected; retirements could be coordinated.
Given how reliably Thomas and Alito have advanced MAGA and Project 2025 priorities, don’t be surprised if one — or both — decides the most consequential move left is to hang up the robe.
