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Under-the-radar implication of Dem blue wave means ‘zero’ chance GOP accomplishes critical goal, experts warn
Republicans’ losses in the US midterm elections have given Democrats control of the Senate, prompting conservative figures to warn that President Donald Trump may be unable to appoint Supreme Court justices or federal judges. They argue the new majority could block conservative replacements for Justices Clarence Thomas and Samuel Alito, potentially shaping the court for years.
Democrats held 54 Senate seats as of Wednesday midday, while Florida Governor Ron DeSantis said the total could reach 55 if expected races go their way. Conservative legal expert Ed Whelan argued Trump would struggle to win confirmation votes and that a Republican president elected in 2028 might also be unable to appoint judges until Republicans regain the Senate, possibly as late as 2033. Thomas is 78 and Alito is 76; the article presents these forecasts as warnings from conservatives, rather than settled outcomes.
In short
- Democrats’ Senate majority could constrain Trump’s judicial appointments.
- Conservatives warn replacements for Thomas and Alito may be blocked.
- Whelan says Republicans might not regain the Senate until 2033.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A Senate majority has a constitutional role in scrutinising and confirming judicial nominees, and a Democratic majority could reasonably withhold confirmation from nominees it sees as too ideological or unqualified. Given the long-lasting influence of Supreme Court appointments, supporters of this approach may view restraint as a way to preserve judicial independence and prevent a president from shifting the court sharply to the right.
The case against
Blocking nominees primarily to prevent a future president from filling vacancies could leave important judicial posts unfilled and make the courts less able to function. Critics may argue that voters chose the president to nominate judges and that the Senate should assess candidates on their qualifications and approach to the law, rather than use confirmations as leverage in a prolonged partisan contest.
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