# New plot for Supreme Court - is it possible **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [November 8, 2026, 9:35pm UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717 "2026-11-08T21:35:49Z")\ **Posts on this page:** 1\ **Showing post:** 1
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [November 8, 2026, 9:35pm UTC](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717/1 "2026-11-08T21:35:49Z")
Sarah Isgur of Scotusblog posted this. > **[Cristian Farias (@cristianfarias.com)](https://bsky.app/profile/cristianfarias.com/post/3mzlcqb753k23?utm_source=talkingpointsmemo.beehiiv.com&utm_medium=newsletter&utm_campaign=when-it-comes-to-defeating-maga-it-s-not-about-getting-even)** > > The editor of SCOTUSblog has an advisory opinion about what a lameduck Senate can do when there isn’t a Supreme Court vacancy. > > Incredible stuff. > Alito won’t retire in the lame duck and he doesn’t need to. Trump can nominate someone to the Supreme Court and the senate can confirm without a vacancy. Then Trump can sign the commission any time in the next two years. The question isn’t Alito, its Cornyn/Tillis/Thine. I know that Trump’s lawyers are creating interpretations of law that nobody has ever thought of before, but this even as a possibility is new to me. Anybody know enough about the Senate rules for confirmation to know whether a scheme like this is a real loophole? Isgur is a conservative lawyer who worked at the DoJ during Trump 1 and a Harvard Law graduate, so she might have some insight into their thinking. Can the Senate confirm a nominee before an opening and if so must that person be seated even without confirmation hearings when the opening appears? Please don’t get sidetracked on whether it could get passed. That’s a different thread. --- _[View the full topic](https://boards.straightdope.com/t/new-plot-for-supreme-court-is-it-possible/1034717)._