A Lame-Duck Supreme Court Showdown Could Be Coming - Ms. Magazine
If Democrats retake the U.S. Senate in Nov., we should expect any number of drastic reactions from Republicans desperate to cling to power. Among them could be a last-ditch effort to extend their control of the Supreme Court by rushing a lame duck confirmation process should Justices Thomas and/or Alito (78 and 76 respectively) see it as their last chance anytime soon to be replaced by another conservative. As we fight to protect our democracy from MAGA encroachments, we must be ready to hold the line.
Sure, it would be a challenging effort after a long campaign season, and Republicans are likely to still have the votes to replace either of the most conservative justices with a younger successor before the end of 2026. But even just for trying, this would massively backfire for the conservatives in the long-term. There hasn’t been a lame duck Supreme Court confirmation since the 19th century — well before the 12th Amendment standardized the congressional calendar — so such a desperation move would be an unprecedented effort to manipulate the membership of the Supreme Court by bending the rules when it suits them. Moreover, their success could become largely irrelevant if Democrats follow through on reforming the Supreme Court after retaking power, which they simply must do.
If Democrats take back power in 2026 and maintain it through the election of a Democratic president in 2028, they would be poised to rein in the out-of-control Supreme Court that has eroded our civil rights for years on end. Even with two younger conservative justices on the bench, Congress has the power to expand the number of seats and allow a Democratic president to create a Democratic majority on the bench for the first time since 1969. Structured term limits would likewise make it harder for future Republicans to rig the court as they have over the past few decades. Any lame duck confirmation would not only become moot but would fuel the very democratic court reforms Republicans fear.