NOVEMBER 5, 2026
The rubber stamp era is over. The Republican majority in the Senate has been playing silly buggers for a while now confirming Donald Trump’s judicial appointments despite many being rated Not Qualified by the American Bar Association. However, Tuesday’s election results have changed everything.
The Democrats will now hold at least 54 seats in January. They may well hold 56 seats after seeing the final results from Alaska and Mississippi. This will make Trump’s confirmation of judges extremely difficult. They need 51 votes to be confirmed and as The Associated Press noted, “the new majority can demand rigorous examination.”
Trump will now have to face the opposition. He will have to negotiate with the Democratic Caucus, which is becoming increasingly suspicious. Many of them (especially those with 2028 presidential ambitions) will have little incentive to let right-wing ideologues through. The GOP majority in recent years often pushed candidates through with little experience. However, the new majority will ensure only the best candidates are passed through using every tool available.
As noted by Reuters, the Democrats will try to “slow down the process”. This will include ensuring every nominee has full debate time and having many people there so that the Republicans can’t push through votes while they are not there. This can cause problems for controversial figures.
The Supreme Court will be a major issue. If one of the old justices retires or passes away, Trump will need the Democrats to confirm him. The days of pushing through life-long appointments without bipartisan scrutiny are over. Many of the departing Republicans will also have little desire to cause a fuss in the lame duck period. The American people want to reduce the powers of the executive and now they have done so through the Senate.