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Texas braces for political upheaval as Trump floats Ted Cruz for Supreme Court

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Ted Cruz R-Texas, left, speaks during a signing ceremony regarding AI initiatives with President Donald Trump in the Oval Office of the White House, Thursday, Dec. 11, 2025, in Washington.

By ShaVonne Herndon

February 9, 2026

The longtime Senator’s move to the Supreme Court could upend Texas representation and reinforce the Court’s conservative tilt.

President Donald Trump’s public suggestion that Republican Sen. Ted Cruz of Texas could be a nominee for a future U.S. Supreme Court vacancy is prompting questions about how the move would reshape both Texas politics and the ideological direction of the Court.

Last week Trump praised Cruz as “a brilliant legal mind” and joked that both parties would vote to confirm him. The comments come as speculation grows that a vacancy could soon emerge on the nine‑member Court, as several justices are now in their 70s. No justice has announced plans to retire, but legal observers note that a Republican‑controlled Senate could ease the path for future Trump nominees.

Cruz’s elevation to the Supreme Court would immediately open a Senate seat in one of the country’s most politically influential states. The Houston Republican has been a central figure in national conservative politics and a key voice on federal courts, immigration and constitutional interpretation. 

“For Texans, the loss of senatorial seniority our junior senator has could weaken our D.C. influence, especially if Wesley Hunt or Ken Paxton win the GOP primary. Cruz’s move to SCOTUS would also improve the positioning of Texas Democrats to compete for an open seat,” said Dietrich von Biedenfeld, a business professor at Houston Community College.

A vacancy would trigger a high‑stakes appointment process in Austin and could reshape Texas’ political trajectory heading into the 2026 midterms.

If nominated and confirmed, Cruz would bring one of the most openly ideological records of any modern Supreme Court nominee. Cruz has served as the US senator from Texas since 2013 and has chaired the Senate Commerce Committee since 2025. Before his election to the Senate, he was Texas’ solicitor general from 2003 to 2008, arguing multiple cases before the Supreme Court. A former clerk to Chief Justice William Rehnquist and a longtime conservative legal advocate, he has taken public positions on issues ranging from executive power to immigration.

“Senator Cruz’s appointment and confirmation to the nation’s highest court would mean very little for the Supreme Court, especially if he is appointed to replace septuagenarian Justices Thomas or Alito,” von Biedenfeld said. His overtly political style would likely be tempered to the role, while his originalist views align with the current majority.” 

His appointment would also mark the first time since 1945 that a sitting US senator was elevated directly to the Court.

Trump has floated Cruz for the Court before, including in 2020, but the renewed mention comes at a moment when Republicans control the Senate and are eager to move quickly on any vacancy that arises. Democrats argue they have a path to retake the chamber in the 2026 midterms, which could dramatically alter the confirmation landscape.

Cruz has not indicated he is seeking a seat on the bench. But Trump’s comments have thrust the possibility back into the spotlight, with potential significant consequences for both Texas and the future of the Supreme Court.

CATEGORIES: TRUMP

Author

  • ShaVonne Herndon

    ShaVonne Herndon is the Houston political correspondent for COURIER Texas. Born and raised in Houston, she has built a reputation for sharp, entertaining, and insightful reporting across a wide range of beats, from news to sports, with a focus on community impact and civic engagement. When she's not chasing down the next big story, she’s mentoring aspiring journalists through the Houston Association of Black Journalists and fueling her passion for discovering new places and perspectives through travel.

Politics

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