Trump's victory could mean a new Supreme Court, Republican pollster says

Republican pollster Frank Luntz said former President Donald Trump could likely win additional seats on the U.S. Supreme Court if he wins a second term.

As of Wednesday around 1 a.m. ET, Trump is leading the 2024 presidential election with 247 secured electoral votes, according to Associated Press forecasts. Vice President Kamala Harris has about 210 of the 270 secured electoral votes. Republicans also gave up control of the Senate on Tuesday evening and now have 51 seats in the upper chamber of Congress.

Near the end of the campaign on Tuesday, Luntz said on NewsNation, “Given the fact that the Senate is in the red and Trump is most likely going to be elected at this point, that's still not a certainty, but if he's elected, he'll get the appointment and that.” with the Senate. “Republican, whoever he wants will end up on the Supreme Court.”

“That's about the biggest impact you can have this election night, because there are a few judges who are probably going to retire in the next year or two,” Luntz added.

DDuring his first term, Trump chose three justices to the highest court in the land, ensuring the court had a 6-3 conservative majority.

While Luntz did not provide any examples of justices he believed could retire during another Trump presidency, there was speculation that Chief Justice John Roberts could be forced to resign to accommodate a new Republican White House and to give the Senate the chance to select a younger judge to take his place.

Roberts, 69, is a conservative who has served on the Supreme Court for more than 20 years. He has sided with the conservative majority in a number of high-profile and controversial cases, including the repeal of Roe v. Wade in June 2022 and Trump's presidential immunity case in the summer.

However, there was also a change election for the Chief Justice between 2018 and 2020. During Trump's final year in office, Roberts sided with liberal Justice Elena Kagan more often than with conservative Justice Clarence Thomas. Trump had also previously described Roberts as an “absolute disaster”.

There is also speculation that Thomas, 76, and Justice Samuel Alito, 74, could retire if Trump wins a second term in the White House. Paul Collins, a professor at the University of Massachusetts Amherst, said Newsweek Earlier this week, both conservative justices said they “fully understand” the chances of being replaced by a Democratic president in future elections and would decide to retire with a Republican White House to give Trump the chance give to replace their seats.

Update 6/24/11, 1:21 a.m. ET: This story has been updated with additional information and background.