Some Democrats are considering a strategy similar to that of former GOP leader Mitch McConnell, suggesting they may refuse to confirm any Supreme Court appointee made by President Donald Trump if they regain control of the Senate. Senate Minority Leader Chuck Schumer, D-N.Y., stated that one of the reasons for Democrats to aim for Senate control is to prevent Trump from appointing what he termed 'MAGA judges' to the courts. Schumer emphasized the importance of the upcoming 2026 election in determining judicial nominees, particularly for the Supreme Court, should a vacancy arise.
Senator Richard Blumenthal, D-Conn., a senior member of the Judiciary Committee, expressed skepticism about supporting any Trump nominee, citing concerns about the influence of Trump on judicial decisions. He stated, 'I think it is slim to none that we would support a nominee from this administration.'
The current Supreme Court justices have not indicated any plans to retire, although speculation surrounds the longevity of the two oldest justices, Clarence Thomas and Samuel Alito. Alito recently mentioned in an interview that he had considered retirement but ultimately decided against it, noting the unpredictability of the political landscape.
If Democrats secure control of the Senate, they would have the authority to decide which of Trump's judicial nominees receive hearings and votes, including any potential Supreme Court vacancies. Conversely, if Republicans maintain control, Trump would continue to appoint judges, having already confirmed 290 federal judges, including three Supreme Court justices during his first term.
Some Democrats argue that they should adopt a similar approach to McConnell, who kept a Supreme Court seat open for nearly ten months during President Barack Obama's term. Senator Ruben Gallego, D-Ariz., stated, 'No, we’ve got to do exactly what McConnell did to us,' while acknowledging that he does not want to establish a precedent where no president can have a nominee confirmed by a Senate controlled by the opposing party.
Senator John Kennedy, R-La., expressed doubt about Trump's ability to secure a Supreme Court nominee through a Democratic-led Senate, suggesting that while it is theoretically possible, it is highly unlikely. Senator Darline Graham, R-S.C., connected Alito's comments to her campaign, asserting that a Republican-majority Senate would be necessary to confirm any Trump nominee should Alito choose to retire.