Washington Examiner chief political correspondent Byron York suggested that Supreme Court justices considering retirement should not assume Republicans will be able to confirm judicial nominees indefinitely.
Weighing in on the speculation surrounding possible retirements from the court, York said he has no direct knowledge that any justice is preparing to step down.
“I don’t have a sense that they’re going to leave. Now, it’s obviously June of a year in which Trump could possibly lose, theoretically lose control of the Senate, so they ought to get onto it if they’re going to,” York said on the Hugh Hewitt Show Tuesday.
York argued that the timing of any future retirement could prove critical. With Republicans currently controlling the Senate, York said that justices who want to ensure a like-minded successor should consider the possibility that the political landscape could change soon.
Among the Conservative bloc, Justice Samuel Alito, 76, is most frequently mentioned as a possible retirement candidate. If Alito were to retire in the coming weeks, Senate Republicans would have a small window to confirm a successor before the midterm elections.
“It’s enough of a danger that if you seriously think there’s going to be an opening on the Supreme Court after November and before the next presidential election, you really need to take care of it now,” York said.
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York argued that members of the court should think several election cycles ahead rather than focus solely on current elections.
“I agree you have to think in terms, if you’re on the court. You have to think in terms of six years,” York said.