Democrats' midterm victory puts them on track to control the Senate in January, prompting speculation over whether Justices Alito and Thomas will retire.
Democrats are on track to take control of the Senate in January after the midterm elections, giving them the power to block President Donald Trump's judicial nominees, according to Above the Law. The Buenos Aires Times reports that Democrats seized both the House and the Senate on Tuesday, though two Senate races remained too close to call midweek.
Above the Law reports that the result has intensified speculation about Justices Samuel Alito, 76, and Clarence Thomas, 78. Both sit in the court's 6-3 conservative majority. Neither has publicly indicated plans to retire, and Alito has said he intends to stay through the current Supreme Court term.
Above the Law quotes Michael Dorf, a Cornell Law School professor, speaking to Reuters: absent an acute health crisis, a decision to retire in the next several months would appear, and would be, so nakedly political that he doubts Alito or Thomas would take it. Ed Whelan of the Ethics and Public Policy Center said, "Given the deep hole, that might not happen until 2033," referring to a Republican president again having a Senate majority. Above the Law notes Thomas would then be 84 and Alito 82.
The Buenos Aires Times reports that Democrats flipped seven Republican-held Senate seats, in South Carolina, North Carolina, Iowa, Kansas, Ohio, Texas and Maine. Two races, in Mississippi and Alaska, remained too close to call midweek. Courthouse News Service reports that Democrat James Talarico beat Republican Ken Paxton in the Texas Senate race.
