Trump braces for headache as Supreme Court 'fiasco' looms over midterms: analyst

President Donald Trump is bracing for a headache over Supreme Court appointments as one judge's retirement could fall just before the midterm elections.

It has not yet been confirmed whether Justice Samuel Alito will retire from his position, with his team keeping quiet about his intentions. But should he confirm his retirement and see out the end of his term, it would leave Trump's administration with just a few weeks to scramble together another appointment.

Justice Clarence Thomas, 77, also faces persistent retirement speculation, with White House advisors reportedly preparing for a potential vacancy. Thomas could be vulnerable, particularly after his recent speech at the University of Texas Austin Law School criticizing progressivism drew fierce criticism.

The Hill's Chris Stirewalt warned the "hardening realization" within the Republican Party is that, if they lose the Senate to the Democratic Party in the midterms this November, the Supreme Court could be flipped from its Conservative stance.

Stirewalt wrote, "There’s no chance Senate Republicans will want to hand Democrats the chance to run on a vacancy or to have the chance to block a Trump nominee by leaving the seat open. That means Trump would need a nominee who could do as [Amy Coney] Barrett and [Brett] Kavanaugh did and get basically universal GOP support for a speedy confirmation.

"But that would mean Trump would have to accept the same kind of justice — eminently qualified, widely respected, etc. — that has handed him a number of reversals at the court on everything from overturning the 2020 election to tariff power.

"More likely, Trump will need to choose from a list of Senate-confirmed appellate judges like right-wing favorites James Ho and Andrew Oldham or conservative stalwarts like Neomi Rao and Amul Thapar.

"But whomever Trump would pick, it would need to be someone who can unite Republicans rather than divide them or the anticipated benefit of an election-year confirmation could turn into a fiasco that compounds the party’s existing problems."

Stirewalt went on to suggest one potential pick sounded out by Trump's team could be a sign of Supreme Court preparations. "The president has repeatedly mentioned Sen. Ted Cruz (R-Texas) in a joking-not-joking kind of way," he wrote. "Cruz told The Wall Street Journal on Thursday that he would refuse, as he had thrice before when Trump approached him about vacancies."