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Dems' Senate wins almost assures Trump won't be able to get a new Supreme Court justice confirmed
Just The News ^ | 11/04/2026 | By Ben Whedon

Posted on 11/04/2026 3:47:14 PM PST by Responsibility2nd

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.

Florida GOP Gov. Ron DeSantis 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."

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.


TOPICS: Government; Politics/Elections
KEYWORDS: scotus

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Lots of talk today about how Trump will have trouble getting confirmation on his appointments in the next two years.

The Supreme Court is a perfect example.

1 posted on 11/04/2026 3:47:14 PM PST by Responsibility2nd
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To: Responsibility2nd

Could Trump get 2 of them confirmed in 8 weeks? Gotta admit the rinos would vote no out of spite.


2 posted on 11/04/2026 3:50:16 PM PST by DIRTYSECRET
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To: DIRTYSECRET
Could Trump get 2 of them confirmed in 8 weeks? Gotta admit the rinos would vote no out of spite.

No way in hell this lame duck senate confirms two SCOTUS justices.

Thomas and Alito should’ve retired the day after Trump was sworn in. Now it’ll be 2033 at the earliest we’ll have a shot at replacing them with justices who are halfway conservative.

Hope they stay healthy.

3 posted on 11/04/2026 3:54:43 PM PST by Drew68
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To: Responsibility2nd

Just never submit a name. Problem solved.

Run the court with eight justices, if necessary. A 4-4 split should keep things stirred for a good while.


4 posted on 11/04/2026 4:04:33 PM PST by alloysteel (Strength to make change happen, humility to accept reality, and wisdom to know the difference.)
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To: Drew68
Now it’ll be 2033 at the earliest we’ll have a shot at replacing them with justices who are halfway conservative.

By that time there will likely be 13 Justices, with the 4 more appointed by Jon Ossoff or AOC. We are closer to living in a country with 60 Democratic US Senators than 50. They will likely get there in 2028 because the US Senate roadmap in that election cycle is brutal for Republicans. Yesterday was a complete disaster...it might spell the end of the USA as we know it.

5 posted on 11/04/2026 4:04:34 PM PST by Mozzafiato
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To: Responsibility2nd

Better hope Thomas and Alito can survive another 6 years because I see little chance the GOP will recover the Senate anytime soon.

Also I do not foresee they will step down now - they both like their jobs


6 posted on 11/04/2026 4:07:52 PM PST by KingofZion
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To: KingofZion
Also I do not foresee they will step down now - they both like their jobs

That's good news. It's not a job to them....it's their "calling".

7 posted on 11/04/2026 4:08:56 PM PST by MinorityRepublican
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To: DIRTYSECRET

Remember Merrick Garland?

The Garland Nomination Timeline

• Total Days Pending: The Republican-led Senate kept Merrick Garland’s nomination pending for 293 days.
• Nomination Date: President Obama nominated Garland on March 16, 2016, following the death of Justice Antonin Scalia.
• Expiration Date: The nomination officially lapsed without a hearing or a vote on January 3, 2017, when the 114th Congress concluded.
• Outcome: The seat remained vacant until President Trump took office later that month and nominated Neil Gorsuch to fill the vacancy.


8 posted on 11/04/2026 4:11:53 PM PST by Responsibility2nd
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To: Responsibility2nd

Oh it definitely does. Trump won’t get one appointee of any kind confirmed by the Senate.


9 posted on 11/04/2026 4:15:40 PM PST by FLT-bird
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To: KingofZion

I’m just not buying the claim that the Democrats will automatically win in 2028. If anything, I think they’ll overreach and the pendulum will swing back the other way....particularly with the economy performing quite well the last 2 years of Trump’s term.


10 posted on 11/04/2026 4:17:06 PM PST by FLT-bird
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To: Drew68

With last night’s Dem senate wins it will be at least 10 years before the Senate is under GOP control, and that’s an outside chance of a switch. Dems put in and re-elected a lot of younger senators.


11 posted on 11/04/2026 4:20:02 PM PST by damper99
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To: Responsibility2nd

Not too sure.
I can suggest a few he could nom who would pass Senate.
Barack Obama
Jack Smith
Merrick Garland redux
Hillary.


12 posted on 11/04/2026 4:28:44 PM PST by Aaron ben Aaron (The world breaks everyone. Some grow stronger in the broken places)
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To: Responsibility2nd

John “Tom Daschle Jr.” Thune is one reason we lost the senate.The evil party won and the stupid party remains stupid still. John is the classic example of a worthless rino. Screw you John and thanks for passing the Save Act.


13 posted on 11/04/2026 4:38:17 PM PST by Fungi
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To: Responsibility2nd
What's a Supreme Court Justice compared to a Victory Arch, UFC match, or a new golf course?

14 posted on 11/04/2026 4:43:14 PM PST by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and his mercy endures forever. — Psalm 106)
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To: Responsibility2nd

I don’t want aledo or Thomas to retire. Because we can’t trust any replacements


15 posted on 11/04/2026 5:02:01 PM PST by montag813
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To: Responsibility2nd

I don’t want aledo or Thomas to retire. Because we can’t trust any replacements


16 posted on 11/04/2026 5:02:04 PM PST by montag813
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To: Fungi

Bingo.


17 posted on 11/04/2026 7:09:46 PM PST by whistleduck (Remain Calm )
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To: FLT-bird

Depends if they have completly rigged the Ballot Box, if they have, then…


18 posted on 11/05/2026 11:38:43 AM PST by cowboyusa (YESHUA IS KING OF AMERICA!)
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To: Responsibility2nd

There won’t be any conservative justices confirmed in the next 12-16 years. Dems will control the senate starting in January ‘27 at least that long after this debacle.


19 posted on 11/05/2026 4:26:22 PM PST by damper99
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