Reposted by Rick Hasen
What can go wrong (or right) in the upcoming midterms?
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![One prominent legal conservative said there is no doubt that, by hanging on, Thomas and Alito are taking a risk that their seats could be filled by a Democratic president.
“If [Republicans] lose the Senate, the chance of Thomas and Alito outlasting a Democrat presidency and a Democrat-controlled Senate, I think, is diminished,” said the conservative lawyer, who was granted anonymity to speak candidly about the sensitive issue of a justice’s retirement. “You're going to see, on the legal side, a lot of shoulda, woulda, coulda, and you're going to have the same sort of zeitgeist that happened around the Breyer situation,” the lawyer added, referring to pressure Democrats put on Justice Stephen Breyer to resign during President Joe Biden’s term.
Another attorney who is close to several conservative justices, granted anonymity to broach the sensitive topic, said he doubts either Thomas or Alito would make a quick exit following the midterms, in part because it could reinforce perceptions of the court as political.
“I don't think stepping down a day after the election or announcing you're going to retire effective on confirmation of your successor is something that they would be interested in doing,” the lawyer said.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:j5hxppoqwtnzyltkyht2msjf/bafkreifsdpbkm6yonjbgkdrriwzx3rz4ar7y5a2gzc54g7dvsdlevfdea4)
