Senate Democratic Leader Chuck Schumer is vowing that Democrats will not allow President Donald Trump to put “a right-winger” on the Supreme Court once they take power, raising the possibility that his party could block a presidential nominee if a vacancy opens in the next two years.
In an interview with The Associated Press on Thursday, Schumer would not say whether Democrats would hold a Supreme Court vacancy open until after the next presidential election, as then-Senate Republican Leader Mitch McConnell did in 2016. But he said Democrats are “not going to allow any crappy nominees” to be confirmed to the Supreme Court — or to the lower courts or Trump’s Cabinet, either.
“The bottom line is we’re not going to allow a right-winger on the court,” Schumer said.
Schumer’s pledge came two days after Democrats won a decisive Senate majority in the midterm elections, a result few predicted a year ago, when Schumer was facing intense criticism from progressives within his party and Senate Republicans were betting that a favorable map and backing from Trump would help them keep control.
Schumer said Democrats could hold as many as 56 seats if they also win the still-uncalled races in Mississippi and Alaska, a margin he described as a “durable majority” that would give the party the power to reject Trump’s nominees and force more moderate choices. The new Congress does not convene until January 2027, so Republicans retain Senate control until then.
There is currently no vacancy on the high court, and Justices Samuel Alito and Clarence Thomas, the court’s two oldest members, have made clear they do not intend to retire. Schumer’s message is aimed at the next two years: if a seat opens, Democrats say a Trump hard-liner will not be confirmed.
The interview also exposed the leadership questions facing Schumer himself. Maryland Sen. Chris Van Hollen, a potential contender for the 2028 presidential nomination who has not committed to supporting Schumer, said in an interview with the AP on Wednesday that Democrats need to have an “open and honest discussion” about the next leader. Vermont Sen. Peter Welch said in a separate interview that Schumer “has to adjust and open things up and take into account the criticism of our efforts.”
