Republicans sound alarm over hidden midterm stakes

Video Democrats are campaigning on court-packing, DC statehood: Rep James Comer Rep. James Comer, R-Ky., warns that Democrats would seek to expand the Supreme Court and grant statehood to Washington, D.C., if they regain control of Congress.

Republicans are quietly warning that the true consequence of losing the Senate could be one that shapes the makeup of courts and the law for years to come.

While Republican candidates and surrogates on the campaign trail are warning of a rise in socialism and a return to Biden-era policy should Democrats flip Congress this cycle, some are pushing a different message: if Democrats win the Senate, they’ll block future Supreme Court nominees.

"I think the key over the next 34 days is bringing home Republicans. And I think it's important to remind some of these Republicans who are not energized yet that the Supreme Court's on the ballot," Sen. Steve Daines, R-Mont., told Fox News Digital.

Republicans are quietly warning that losing the Senate could have consequences that reshape the courts and the law for years to come. (Annabelle Gordon/Bloomberg via Getty Images)

Daines, who chaired the National Republican Senatorial Committee (NRSC) in 2024, played a key role in flipping the Senate two years ago. That election was dominated by pocketbook issues, much like this midterm cycle, and Democrats have pounced upon that message.

But the Supreme Court and the implications of the balance of power in the Senate are a message Daines contended the GOP wasn't pushing enough.

"I mentioned that to the White House. And it's — that's not a silver bullet, it's a silver buckshot," of several issues Republicans should be talking about, Daines said.

If Trump doesn’t have a GOP majority in the upper chamber, he said, "if we have a vacancy, Sotomayor, Clarence Thomas, who knows — we could not, President Trump could not move through a Supreme Court justice."

The high court is aging, with conservative stalwarts on the bench, Supreme Court Justices Clarence Thomas, 78, and Samuel Alito, 76, nearing octogenarian status. Supreme Court Justice Sonia Sotomayor, 72, and Chief Justice John Roberts, 71, aren’t that far behind.

"The Supreme Court as we know it would cease to exist under Troy Jackson, Abdul El-Sayed and James Talarico, who are hell-bent on replacing it with a bloated, lawless body designed to advance Democrats’ socialist agenda," NRSC spokeswoman Bernadette Breslin told Fox News Digital.

Speculation has swirled over Alito after NPR earlier this year published a report declaring his retirement before swiftly retracting it.

Alito added some fuel to that fire, however, during an interview with CBS earlier this month. When asked if he was considering retirement, he admitted to considering it earlier this year, and noted that "it's something I think that somebody at my age has to think about every term."

Supreme Court Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh share a laugh while waiting for their opportunity to leave the stage at the conclusion of the inauguration ceremonies in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C. (Chip Somodevilla/Pool/AFP via Getty Images)

Democrats haven’t been keen to support several of Trump’s nominees for a variety of positions throughout the government over the last two years. Notably, Republicans went nuclear last year to change the Senate’s rules to move through bundles of nominees that Senate Minority Leader Chuck Schumer, D-N.Y., and Democrats were blocking.

And Schumer suggested that a Supreme Court pick, should there be a vacancy, and other positions in the judiciary may suffer the same fate.

"The bottom line is one of the reasons that we want to make sure we 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," Schumer said.

Daines noted that sometimes voters look for a shortcut to head to the polls, and that the Supreme Court being a quiet issue on the ballot could very well be that path to energizing a Republican base to getting out and voting as the midterm cycle winds down.

"Without a Republican majority, President Trump will not be able to move his Supreme Court nominee through, and that's a nominee that'll be on the bench for 25 years," Daines said. "We need Republicans to connect those dots. Disgruntled Republicans in Texas, come home and vote for Ken Paxton, because the Supreme Court's on the ballot."