This Hail Mary Move Could Save the Supreme Court from the Democrats

Matt Margolis : Nov 6, 2026
PJ Media

"We're prepared if it should happen," [Senate Majority Leader John] Thune said. He added that filling the seat would become "the top priority" for Senate Republicans.

[PJMedia.com] When Justice Samuel Alito said earlier this year that he wasn't retiring, I was both relieved and disappointed. I was relieved because he is one of the most reliably conservative, originalist justices on the Court, and it would be sad to see him go. I was disappointed because even though Republicans looked to be in a good position to hold the Senate at the time, it wasn't a guarantee. (Image via Pixabay)

And now we know how that turned out.

Alito is 75 and the second-oldest justice on the bench. President George W. Bush appointed him in 2006. Justice Clarence Thomas, the oldest at seventy-seven, joined the Court in 1991 after President George H.W. Bush nominated him, and he has become one of its most influential conservative voices. Both men are likely to retire in the coming years.

With President Donald Trump in the White House and Republicans running the Senate, either man could have stepped down and let the president nominate a younger conservative to hold the seat for decades. As much as we love them, staying put risked repeating the Democrats' Ruth Bader Ginsburg blunder. Ginsburg clung to her seat through Barack Obama's presidency despite her age and poor health. She died weeks before the 2020 election, and Trump replaced her with Justice Amy Coney Barrett.

Now that risk is real. Too real.

The midterms are over, and Democrats will control the Senate in January. That makes the Supreme Court the biggest concern coming out of these elections.

It's indisputable that the Democrat Senate will play hardball with any vacancy. If Thomas or Alito's health fails or they retire, Democrats would likely refuse to consider any nominee they didn't approve of. More likely, they'd leave the seat empty until after 2028 and hope a Democrat wins the White House. That would shrink the conservative majority to a single vote, or even hand control to the Court's far-left wing, and the damage to constitutional originalism would last a generation.

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So what can conservatives do? Senate Majority Leader John Thune (R-SD) has already laid out a path. Republicans stand ready to confirm a Supreme Court justice during the lame-duck session if a seat opens, and that window could be the last chance to lock in the Court's conservative majority before Democrats take over... Subscribe for free to Breaking Christian News here

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