Schumer: Democratic US Senate may block Trump nominees for Supreme Court, lower courts

The U.S. Supreme Court on April 9, 2026. (Photo by Ashley Murray/States Newsroom)WASHINGTON — U.S. Senate Minority Leader Chuck Schumer indicated Wednesday that should Democrats regain control of the chamber following the elections, they plan to block judicial nominees sent up by President Donald Trump, including for any possible vacancies on the Supreme Court. 

“Look, the bottom line is, one of the reasons that we want to do everything we can to take back the Senate is not let Trump put such horrible justices, MAGA justices, on the Supreme Court and the lower courts,” he said.  

Trump nominated Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett during his first term but has yet to nominate anyone to the country’s highest court during his second term. 

Schumer’s comments signal that even if one of the nine Supreme Court justices retires or potentially passes away, Democrats would hold the vacancy open until after the next presidential election. 

That would be somewhat similar to Kentucky Republican Sen. Mitch McConnell’s decision to block Merrick Garland from a Senate confirmation vote in 2016 after President Barack Obama nominated Garland to fill the vacancy created by the death of Justice Antonin Scalia. 

McConnell, then majority leader in a GOP-controlled chamber, said on March 16, 2016, “the next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course — of course — the American people should have a say in the Court’s direction.”

“It is a president’s constitutional right to nominate a Supreme Court justice, and it is the Senate’s constitutional right to act as a check on a president and withhold its consent,” he added.  

Democrats, including Schumer, rebuked McConnell for the decision. 

Schumer predicts close election

To make the choice about whether to approve any nominees during the next session of Congress, Democrats will need to regain the Senate majority. They now have 47 seats.

Schumer said during the press conference he expects it to be a close election, declining to say how many seats he expects Democrats to pick up. 

“We do not want to be overconfident, but what we’re seeing in state after state after state is that people are sick of Trump,” he said. “They’re sick of the Republican Senate going along with him. And they see the clear divisions we have drawn between what we stand for and what they stand for. That has put us on the edge of victory. But we still got a ways to go.”

Democrats need a net gain of at least four Senate seats to regain the majority.

The Cook Political Report with Amy Walter rates North Carolina as leaning in Democrats’ direction, with Alaska, Iowa, Maine, Ohio and Texas, all currently held by a Republican, rated as toss-ups. The open races in Michigan and New Hampshire, which were won by a Democratic candidate last time, are also rated as toss-ups. 

Democratic priority to ‘lower people’s costs’

Aside from blocking Trump nominees, Schumer didn’t detail what types of bills Democrats may put on the Senate floor, should voters give them the majority in the upper chamber. 

“We’re going to do everything we can to lower people’s costs. You’ve seen some of the things Trump’s done that’s raised costs,” he said. “We’re going to do everything we can to clamp down on this horrible corruption and to end the chaos and end the war.”

Schumer declined to answer a question about whether he believes he would get the support needed from other Democrats to remain their leader, given critical comments from some of the more left-leaning candidates who could be elected this November.

“Our caucus is totally unified. We’re in great shape. Everyone is really very, very pleased with where we are today compared to where we were 20 months ago, under our leadership,” he said. “And we’re fighting hard. And we’re on the edge of taking back the Senate.”