With Democrats poised to have a significant Senate majority next year, Republicans are resigning themselves to the notion that President Trump won’t be able to confirm a new Supreme Court justice for the rest of his tenure.
The GOP will retain control for nearly two more months, but “Seen, Heard & Whispered” has been told that even if one of the justices were to retire immediately, there probably isn’t enough time to get a replacement through the arduous process.
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“Won’t work with the calendar,” one nomination expert said. “No time.”
Justice Amy Coney Barrett, Mr. Trump’s third pick from his first term, was pushed through in a month in 2020.
She was nominated on Sept. 26, 2020, and confirmed on Oct. 26, but that was before an election.
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Now, with Thanksgiving and Christmas near, along with the looming change in control, the headwinds are likely too strong.
And if a confirmation doesn’t happen now, it’s probably off the books.
Florida Gov. Ron DeSantis, a Republican, mused to reporters that the new Democratic majority would never confirm a strong conservative Trump pick and would instead leave the post empty.
That’s the same approach Republicans used to hold open the seat of the late Justice Antonin Scalia for more than a year after his death in 2016.
“That means no Supreme Court justice will be confirmed under President Trump’s administration unless something happens in the next six weeks,” Mr. DeSantis said.
Democrats will hold at least 54 seats, and that number could rise depending on the outcome of several races still not called.
Justice Clarence Thomas, 78, hasn’t hinted at any retirement. Justice Samuel A. Alito Jr., 76, considered retiring before this year’s term, but determined to stay on the bench.
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