President Barack Obama caused a stir when campaigning for the mid-term elections, suggesting there may soon be an opening on the U.S. Supreme Court.

No doubt whichever party wins the Senate holds the power over any Supreme Court nomination.  And South Texas College of Law's Gerald Treece says it's possible a spot could open up before a new president is sworn in.

“You've got Stephen Breyer and Ruth Bader Ginsburg who are very old, as is Antonin Scalia and Clarence Thomas,” Treece tells KTRH News.

Treece says its not unusual for a president to keep a list of possible candidates just in case.  However, even if one retires or passes away, he says it's unlikely a nomination will be confirmed before the next presidential election.

“The firestorm you saw with Justice Thomas, its going to be the exact same,” he says.

Treece believes time is running out for Obama, adding neither party wants to hold contentious nomination hearings during an election year.

“The constitution doesn't require you have nine justices, we've had as few as six and as many as eleven,” Treece says.  “There's no automatic right to get a person on the court, it can be held in the Senate Judiciary Committee as long as that committee wants.