Politics

Democratic Senate takeover could threaten Trump's judicial agenda and Supreme Court majority

With 16 nominees pending and limited time left, Justice Alito says he has no plans to retire.

Published Nov 11, 2026 · 11:43 UTC4 reports

The short version

Democrats' expected Senate control could threaten Trump's judicial agenda and the Supreme Court's 6-3 conservative majority.[CBS News · Fox News]
As of Nov. 8, the federal judiciary had 28 vacancies and 16 nominees awaiting confirmation, with limited time remaining.[Fox News]
Justice Samuel Alito told Fox News he has no plans to retire and will serve through at least the current term; a Fox author predicted Thomas and Alito will stay for years.[Fox News]
Senate Majority Leader John Thune says judges are the lame-duck priority, while Ed Whelan predicts almost no one will be confirmed.[CBS News]

Democrats are poised to control at least 54 Senate seats, and as many as 56 depending on the Mississippi and Alaska races.[CBS News]
As of Nov. 8, the federal judiciary had 28 vacancies and 16 nominees awaiting confirmation.[Fox News]
Justice Samuel Alito told Fox News he has no plans to retire and will serve through at least the current Supreme Court term.[Fox News]
During his second term, the Senate has confirmed 57 of President Trump's judicial picks.[CBS News]
Senate Majority Leader John Thune said getting judges across the finish line is the priority during the lame-duck period.[CBS News]

Whether Justices Thomas or Alito will leave the court remains unresolved; the six-year projection is an author's opinion, not a confirmed outcome.[Fox News]
Ed Whelan's prediction that nearly no nominees will be confirmed is an attributed forecast, and the Senate outcome depends on the Mississippi and Alaska races.[CBS News]

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.