GOP Senate ready for lame duck Supreme Court confirmation - if Alito or Thomas change mind
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GOP Senate ready for lame duck Supreme Court confirmation - if Alito or Thomas change mind

New York Post • • nation

Key Points:

  • Senate Republicans are open to holding a lame duck Supreme Court confirmation if Justices Samuel Alito and Clarence Thomas reconsider retiring after the midterm elections, though both justices have indicated they do not plan to step down early.
  • The situation mirrors the 2014 scenario when Justice Ruth Bader Ginsburg stayed on after Republicans gained Senate control, delaying a liberal vacancy until her death six years later, which led to a conservative majority on the court.
  • Key Republicans, including Sen. Thom Tillis and Judiciary Committee Chairman Chuck Grassley, support rushing through a nominee if a vacancy arises, but no Supreme Court retirement has occurred during a lame-duck session since 1922.
  • Given Democrats' strong Senate gains, Republicans may be locked out of power in the Senate for years, limiting their influence on future Supreme Court appointments and raising concerns about potential Democratic court-packing if they regain the presidency.
  • Some have suggested controversial strategies like nominating justices without vacancies, but insiders are skeptical due to political risks and the potential to provoke court-packing efforts by Democrats.

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