Capitol agenda: GOP braces for SCOTUS fight that may not come
Justices Clarence Thomas and Samuel Alito would face a mountain of pressure to step down in the lame-duck period if Democrats retake the Senate
Calen Razor 10/07/2026, 8:00am ET
Senate Republicans are privately ready for a post-election Supreme Court nomination fight that may never come.
There aren’t too many signs from the two oldest justices— 78-year-old Clarence Thomas and 76-year-old Samuel Alito — that either plans to retire in the coming months and force Republicans to spring into action to fill a vacancy.
But the two men would face a mountain of pressure to step down in the lame-duck period if Democrats retake the Senate, which could essentially shut down confirmations of President Donald Trump’s favored nominees.
Such a retirement announcement would kick off a chaotic sprint on Capitol Hill, giving Republicans just five scheduled session weeks to cobble together 50 votes for a Trump nominee.
Republicans in a position to act said in recent interviews they would certainly try to rapidly confirm any Trump pick.
“We would proceed quickly with such a vacancy,” said Senate Majority Leader John Thune.
Senate Judiciary Chair Chuck Grassley said “of course” they would. Sen. Thom Tillis, a frequent Trump critic who could single-handedly bottle up a nominee in Judiciary, said he would “absolutely” support a post-election confirmation.
“You’ve got to use your majority position to take that vote,”Tillis said.
Several senators, including Thune, are skeptical a vacancy even happens. Alito told Bloomberg News in an interview published Tuesday he would “stick around” at least until the court’s current term ends early next summer. Thomas hasn’t publicly addressed his retirement in years and has otherwise given no signs of imminent plans to quit.
“I don’t know why you assume there will be one,” said Sen. Susan Collins, another potentially pivotal vote who left the door open to filling any vacancy, pointing to her longstanding position that “as long as it’s not close to a presidential election that we should proceed.”
Still, some lawmakers on both sides of the aisle with battle scars from prior confirmation fights over Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson aren’t ready to entertain the thought of a lame-duck confirmation sprint.
“Oh, gosh,” said Sen. Lisa Murkowski. “You’re giving me the chills.”
https://www.politico.com/live-updates/2026/10/07/congress/gop-braces-scotus-fight-01109689
This whole thing seems like it was schemed up by the Dems that they would retire, only to get the Reps on dealing with more important measures.