According to a report that aired Thursday on Huntsville ABC affiliate WAAY, Rep. Mo Brooks (R-Huntsville) said given the thin Republican majority in the U.S. Senate, there could be difficulties in confirming a conservative justice to the vacancy left behind by retiring Supreme Court Associate Justice Anthony Kennedy.

If that proves to be the case, the North Alabama congressman warned of the possibilities of a “judicial activist” being appointed by President Donald Trump, which would not be Trump’s preference.

“If we can’t get them to come our way, then I think you’re going to see a United States Supreme Court justice who is much more of a judicial activist — a left-wing kind of Supreme Court justice than the president of the United States might otherwise might prefer.”

In the wake of Kennedy’s announcement, Senate Majority Leader Mitch McConnell (R-Ky.) has said he anticipates a confirmation vote “this fall.”

@Jeff_Poor is a graduate of Auburn University and is the editor of Breitbart TV.