Senate Republicans are quietly preparing for a Supreme Court nomination battle that might not even materialize. With the oldest justices, Clarence Thomas (78) and Samuel Alito (76), showing little inclination toward retirement, the GOP might find itself geared up for a fight that never comes. However, should the Democrats seize control of the Senate, the pressure on these justices to step down during the lame-duck session could intensify, potentially stifling President Donald Trump’s ability to secure his preferred nominees.

Such a scenario would trigger a frenzied rush on Capitol Hill, as Republicans would have merely five weeks in session to secure 50 votes for a Trump nominee. Senate Majority Leader John Thune expressed readiness, stating, “We would proceed quickly with such a vacancy.” Similarly, Senate Judiciary Chair Chuck Grassley and Senator Thom Tillis, despite being a frequent critic of Trump, affirmed their commitment to pushing through a post-election confirmation.

Despite these declarations, some senators remain skeptical about the likelihood of a vacancy. Justice Alito recently indicated his intention to remain at least until the end of the court's current term next summer, and Justice Thomas has been publicly silent about his retirement plans for years. Senator Susan Collins noted, "I don’t know why you assume there will be one," though she left open the possibility of moving forward with a nomination if it arises.

The shadow of past confirmation battles, including those of Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson, looms large, leaving some lawmakers uneasy about the prospect of another contentious sprint. Senator Lisa Murkowski reflected the sentiment of many when she said, “Oh, gosh. You’re giving me the chills.”

What else we’re watching:

— INSIDE COONS’ ISRAEL TURNABOUT: Senator Chris Coons, poised to chair the Foreign Relations Committee if Democrats triumph, has signaled a potential shift in policy towards Israel. This change follows a broader reevaluation among moderate Democrats in response to international criticism of Israel's actions in Gaza.

— TRUMP COLLEGE TAX RULES WORRY DEMS: New IRS regulations proposed by the Trump administration are causing concern among Democratic lawmakers. These rules, targeting diversity initiatives at colleges, could jeopardize the financial stability of these institutions. Senator Sheldon Whitehouse highlighted the potential broad impacts, questioning, "What if a university has Black History Month? Is that going to cause them to lose their tax-exempt status?"

As the political landscape continues to evolve, these issues promise to keep Capitol Hill busy, regardless of whether the Supreme Court sees new nominations or not.

*Jordain Carney, Daniella Cheslow, and Brian Faler contributed to this report.*