At the time of the reported conversation, Republicans held a narrow Senate majority. But Thomas’ potential retirement would have been a major blow to conservatives. It’s also not a guarantee a replacement would have been easily confirmed. While rare, at the time, senators could effectively force a Supreme Court nominee to receive 60 votes. Justice Samuel Alito was able to overcome this type of blockade in 2006. In 2017, then-Senate Majority Leader Mitch McConnell and Republicans changed the rules to ram through Democrats’ efforts to stop Justice Neil Gorsuch’s confirmation.
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