What John Thune Said About a Potential Supreme Court Confirmation

Despite some confusion online, the Supreme Court does not have an empty seat at the moment. The court still has all nine justices — Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. However, the chatter is really about a possible vacancy, not a current one.

Justice Samuel Alito has not announced any plans to retire. Neither he nor Clarence Thomas has said they plan to step down this year. Still, court watchers continue to focus on Samuel, after news of his upcoming Oct. 6 book release and a recent health scare, according to Newsweek. That is where Senate Majority Leader John Thune’s SCOTUS comments on confirmation come in.

John has laid out how Republicans would respond if a SCOTUS vacancy opens. “That’s a contingency, I think, around here you always have to be prepared for,” he said, per CBS Austin. Adding, “And if that were to happen, yes, we would be prepared to confirm.”

Republicans currently control the Senate 53–47, but they know that margin could disappear after November. If Democrats win the chamber in the midterms, they would likely try to block a Supreme Court nominee from Trump.

As for when a confirmation would happen, there is no calendar yet because there is no vacancy and no nominee. Under the Constitution, the president first has to submit a nomination to the Senate for its advice and consent. Only then does the confirmation machinery really start moving. So the next real step would be a retirement announcement or some other opening on the court, followed by a White House pick and Senate action.

Officially, the White House has not released a shortlist of possible contenders. Unofficially, a few names have started circulating. Senate Judiciary Committee Chairman Chuck Grassley said, “If he does retire, I’m going to suggest that either Lee or Cruz be put on the Supreme Court,” referring to Sens. Mike Lee and Ted Cruz, per The Spokesman-Review.

According to Reuters, Fifth Circuit Judge James Ho is also being considered by conservatives as a possible top contender if a vacancy opens under Trump.

If a justice like Samuel retires before the midterms and Trump sends a nominee while Republicans still control the Senate, the process would likely move quickly. The nominee would go through the Senate Judiciary Committee and then head to a full Senate vote, where Republicans could use their majority to confirm.

If Republicans do not act before the election and Democrats flip the Senate in November, the situation shifts entirely. A Democratic-controlled Senate could block or stall Trump’s nominee, delay hearings, or choose not to move the nomination forward at all. That could leave the seat open until after the next presidential election. This kind of standoff would not be new. The Senate has slowed or blocked Supreme Court nominations in the past based on which party holds power.