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CNN: Democratic Wave Prompts GOP Anxiety over Samuel Alito and Future of Supreme Court
Republicans fear a narrower path to future Supreme Court confirmations as the oldest conservative justices signal they do not plan to retire.
As Democrats captured the Senate, Republicans expressed concern that President Donald Trump's opportunity to maintain the Supreme Court's 6-3 conservative majority has slipped from reach. Justices Samuel Alito and Clarence Thomas may remain on the bench until their 80s.
Both Alito and Thomas signaled before the October term began that they do not intend to retire. Sources close to the justices told CNN on Wednesday they do not anticipate either man leaving the court.
Conservative legal commentator Ed Whelan noted that any confirmation attempt before the new Senate is sworn in could backfire. Lame-duck senators like John Cornyn and Thom Tillis 'aren't going to be eager to do Trump any favors.'
'No Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks,' Florida Gov. Ron DeSantis said Wednesday. This outlook likely extends through the next four years if Democrats control the Senate.
There was little indication that Alito or Thomas were distracted by political calculations as they took the bench Wednesday to hear a case involving Dexter Johnson. Both justices continue their regular duties despite the confirmation uncertainty.