Analysis from the Washington Post and NPR regarding Kennedy’s future on the court. If he announces a retirement under President Trump, there is little Democrats can do to prevent the appointment of a further right associate justice to fill his seat. Obviously, under the current Senate configuration, it is impossible to prevent a confirmation vote as the filibuster has been abolished for Supreme Court nominees. Even if the vacancy were to occur after the 2018 midterms, the likelihood of Democrats winning three seats and controlling the Senate is extremely low.