Democrats’ War Against The Supreme Court Is About To Get Even Worse

 

The Supreme Court is now under threat more than ever following Tuesday’s midterm elections.

he Supreme Court has long served as a vital and necessary institution in American government. That institution is now under threat more than ever following Tuesday’s elections — and in more ways than one.

In a complete bloodbath for Republicans, Democrats are expected to secure a sizeable House majority and at least 54 Senate seats, a number that could potentially increase to 56 once all the ballots are counted. Not only will these majorities provide Democrats with the power to target and investigate their political enemies, but they will also give them the ability to block President Trump’s nominees for executive positions and judgeships — including potential Supreme Court vacancies.

That problem has predictably reignited retirement rumors surrounding Justices Clarence Thomas, 78, and Samuel Alito, 76, the court’s oldest (and most reliably originalist) members. The theory among GOP commentators seems to be that, by retiring now, the senior justices would give Trump an opportunity to appoint younger successors before Democrats take control of the Senate for the foreseeable future.

Despite this persistent speculation, there is no evidence indicating either justice is planning to step down anytime soon. In fact, Alito confirmed to Fox News on Thursday that he is not retiring and will continue to serve through at least the court’s current term.

Republican concerns about Thomas and Alito’s age and future health aren’t without merit. The abrupt 2020 death of liberal Justice Ruth Bader Ginsburg, 87, allowed Trump to appoint Amy Coney Barrett, a move that shifted the high court from a 5-4 conservative majority to a 6-3 supermajority. That conservative supermajority has since gone on to issue (with limited exceptions) numerous constitutional rulings in the years since.

Trump’s inability to fill a potential Supreme Court vacancy, however, seems minute when compared to the greater threats posed to the high court by the incoming Democrat Congress.

Leading Democrats have openly forecasted their plans to use their majorities to resuscitate their vile “ethics” smears to target and harass the court’s conservative justices. These grotesque attacks are based on dishonest hatchet jobs by leftist-funded propaganda firms like ProPublica and were employed by Democrats during the Biden era to denigrate Thomas and Alito.

The years-long witch hunt — which was so embarrassingly weak that Democrats buried their own report on it — has had two primary goals. The first is to try and delegitimize the court in the eyes of the public by casting a dishonest cloud of impropriety over the conservative justices and their decisions. The second — and more concerning — is to use these false accusations of “corruption” as a pretext to pack the high court with left-wing activists.

Soon-to-be House Speaker Hakeem Jeffries, likely House Judiciary Committee Chair Jamie Raskin, and numerous other Democrats have openly touted their support for increasing the number of justices. Despite claims to the contrary, these actors are seeking to appoint leftist yes-men (sorry, “yes-peoples”) who will rule based on what’s favorable for Democrats instead of what the Constitution and law actually call for.

While President Trump can block such efforts in for the next two years, Republicans would be foolish to rest easy. Democrats have made it abundantly clear that they intend to use their majorities to attack the conservative justices and continue laying the groundwork for packing the court if they win the White House in 2028. Leftist groups like Demand Justice and Fix the Court, both of which have participated in Democrats’ anti-SCOTUS campaigns, all but said as much in fundraising emails distributed after Tuesday’s elections.

“Last night, voters showed they’re with us. Court reform isn’t a fringe idea anymore. It’s a winning position,” the Demand Justice PAC email reads.

So much for that whole “affordability” thing.

Tuesday’s dominating victories have given Democrats all the confidence they need to take their war against SCOTUS to the next level. Which means the onus falls on Republicans to fight the battles the justices can’t. Should they fail and Democrats take trifecta control in two years, handwringing over Thomas and Alito retiring will be the least of their worries.

https://thefederalist.com/2026/11/06/democrats-war-against-the-supreme-court-is-about-to-get-even-worse/?utm_source=rss&utm_medium=rss&utm_campaign=democrats-war-against-the-supreme-court-is-about-to-get-even-worse&utm_term=2026-11-06