With the catastrophic midterm loss that Republicans suffered last Tuesday, comes a vexing question: what will happen with the Supreme Court?
The defeat is increasing pressure on Supreme Court Justices Clarence Thomas and Samuel Alito, the court’s two oldest conservatives, to retreat before Democrats seize control Jan. 3, while President Donald Trump still has a chance to secure confirmation of their successors.
“Assuming Republicans lose the seats where prediction markets have the Democrats at 90+% to win, that would produce 55 Democrat Senate seats,” Florida Gov. Ron DeSantis wrote on X late Tuesday.
“Chance of confirming a worthy successor to Justice Thomas and/or Alito during President Trump’s term: Zero,” he wrote.
“Chance of confirming a worthy successor during a hypothetical GOP admin 2029-2033: probably zero (GOP won’t be able to recapture enough seats in 28).”
To be succinct, Michael Flynn Jr., son of Trump’s former national security adviser, replied: “One of the worst outcomes as a result of the a– beating we’ve seen tonight… Liberal Supreme Court?”
“We needed to replace Alito and Thomas while we had the chance. Now we’re f***ed,” MAGA influencer Joey Mannarino posted on X to his nearly 800,000 followers.
The US midterm election landslide that gives Democrats control of Congress starting is fueling questions about the longevity of the Supreme Court’s two oldest justices, Clarence Thomas and Samuel Alito, and the durability of its conservative majority https://t.co/LAvjcvBkst https://t.co/BJZ7BwDXj2
— Reuters (@Reuters) November 5, 2026
A conservative attorney at the Ethics and Public Policy Center, Ed Whelan, wrote on X that he would be “extremely surprised” if a justice retired in hopes of securing confirmation during the lame-duck session, noting that “it’s highly doubtful that Rs would have the vote to confirm.”
Neither Alito or Thomas have given any indications that they are planning to retire. Alito, 76, has said he intends to remain on the court through its current term.
“It’s something that I think that somebody at my age has to think about every term,” Alito told CBS News. “But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place.”
Thomas, 78, has not publicly discussed his retirement plans but has previously dismissed suggestions that he step down.
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