Zack Smith

“As for the Supreme Court, even if a justice announced his or her retirement today, it could prove difficult to get a replacement confirmed before the end of the current Senate, although Senate Republican leadership has indicated a willingness to try. However, neither Justice Alito nor Justice Thomas has indicated any plan to retire.”

Zack Smith · said date not stated · reported 2026-11-10

Smith noted that confirming a Supreme Court replacement before the current Senate ends would be difficult and that neither Justice Alito nor Justice Thomas has indicated any plan to retire.

“The top priority for Senate Republicans right now should be confirming the lower federal court judges President Trump has already nominated. It will take all senators showing up and doing their part. But it is possible,”

Zack Smith · said date not stated · reported 2026-11-10

Smith told Fox News Digital that Senate Republicans should prioritize confirming Trump's remaining lower-court judicial nominees before their majority expires.

“DOJ is familiar with kind of working quickly, getting things to the Supreme Court, and so I wouldn't be completely surprised if you were to see something like that,”

Zack Smith · said date not stated · reported 2026-11-03

Smith discussed the possibility of DOJ seeking emergency review from the U.S. Supreme Court if the Ninth Circuit does not act promptly.