Senate Republicans are unlikely to get a Supreme Court vacancy this year. They\u2019re privately prepared for one, just in case.<\/p>\n

A Democratic midterm triumph would carry massive implications for the final years of President Donald Trump\u2019s presidency, including the prospect that the Senate could essentially shut down confirmations of his favored nominees. That\u2019s a nightmare scenario for Republicans, who have viewed their reshaping of the federal judiciary as a crown jewel of Trump\u2019s legacy.<\/p>\n

The two oldest Supreme Court justices \u2014 78-year-old Clarence Thomas and 76-year-old Samuel Alito \u2014 are both Republican appointees and reliable Trump allies, and key Senate Republicans said in recent interviews with Blue Light News they would support filling a high-court slot this year if one opens up.<\/p>\n

\u201cWe would proceed quickly with such a vacancy,\u201d said Senate Majority Leader John Thune<\/a>.<\/p>\n

Signs that Republicans will need to spring into action are scarce. Alito told Bloomberg News<\/a> in an interview published Tuesday that he would \u201cstick around\u201d at least until the court\u2019s current term ends early next summer. Thomas, meanwhile, hasn\u2019t publicly addressed his retirement plans<\/a> in years and has otherwise given no signs of imminent plans to quit.<\/p>\n

But if the GOP loses control of the Senate in the midterms, both men would face a mountain of pressure to consider stepping down, given the stakes. Democrats remain bitter over the Republican blockade of President Barack Obama\u2019s final Supreme Court nominee, Merrick Garland, and could block a fourth Trump justice.<\/p>\n

Senate Minority Leader Chuck Schumer<\/a> said in an interview<\/a> over the summer that part of his pitch to recruit candidates was \u201ctwo words that make a huge difference: Supreme Court.\u201d Speaking to reporters last week, Schumer indicated that Democrats would use their majority to block judicial nominees they view as too extreme.<\/p>\n

\u201cOne of the reasons we need to make sure that we do everything we can to take back the Senate is [to] not let Trump put such horrible justices, MAGA justices, on the Supreme Court and the lower courts,\u201d he said.<\/p>\n

A post-Nov. 3 announcement would be the first time since the 1922 retirement of Mahlon Pitney that a Supreme Court justice announced his or her departure in the lame-duck period after a midterm election, according to the Congressional Research Service<\/a>.<\/p>\n

Such an announcement would kick off a chaotic sprint on Capitol Hill, giving Republicans just five scheduled session weeks to cobble together 50 votes for a Trump nominee.<\/p>\n

Those in a position to act said recently they would certainly try \u2014 and there is recent precedent for doing it quickly: Amy Coney Barrett was confirmed just 38 days after Justice Ruth Bader Ginsberg\u2019s September 2020 death.<\/p>\n

Like Thune, Senate Judiciary Chair Chuck Grassley<\/a> (R-Iowa) said \u201cof course\u201d Senate Republicans would try to fill a post-election vacancy.<\/p>\n

Sen. Thom Tillis<\/a> (R-N.C.), a frequent Trump critic who could single-handedly bottle up a nominee in the Judiciary Committee, said he would \u201cabsolutely\u201d support filling an end-of-year vacancy.<\/p>\n

\u201cYou\u2019ve got to use your majority position to take that vote,\u201d he said.<\/p>\n

But Tillis was among many in the GOP who doubt senators will have a slot to fill. \u201cI can\u2019t think of anything other than health,\u201d he said, that would cause a justice to quickly step down.<\/p>\n