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After midterm rout, Republicans can still confirm a Supreme Court justice, but at what cost?

If Republicans attempt to confirm a nominee, they will trigger a historic fight and hand Democrats the justification needed to reshape the high court.

The 2026 midterm elections saw Democrats gaining control of both the Senate and House, potentially impacting the future of the U.S. Supreme Court. With a 54-seat Senate majority, Democrats are eyeing the appointment of a new justice to maintain conservative dominance on the court for decades. However, the window for President Donald Trump to make this appointment is rapidly closing.

Supreme Court scholar predicts that a Democratic-controlled Senate will make it challenging for Republicans to confirm a new justice before Jan. 3, 2027, citing the confirmation of Amy Coney Barrett in 2020 as a precedent. The stakes are high, as the appointment could have far-reaching consequences on constitutional rights and the balance of power.

Written by urgent.news from The Conversation's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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