Democratic vice presidential nominee Tim Kaine is joining those predicting that his fellow Senate Democrats will force through changes to the chamber’s rules to ensure confirmation of a potential Supreme Court pick next year.

Should the Virginia Democrat and ticket mate Hillary Clinton win next month, he could make pivotal procedural decisions in such a “nuclear option” standoff after Jan. 20, since the vice president also serves as president of the Senate and has the option to preside.

The “nuclear option” describes efforts to change the Senate’s rules to decide on an issue with a simple majority of senators and bypass the customary procedure requiring a two-thirds vote to overcome filibuster threats.

In an interview with The Huffington Post on the campaign trail in Ohio, Kaine offered up what he called a “prediction” about what may play out if the nomination of President Barack Obama‘s Supreme Court pick, Judge Merrick Garland, isn’t considered during the post-election lame duck session.

“We will change the Senate rules to uphold the law, that the court will be nine members,” Kaine said, pointing out that he will be serving in the Senate at least into January.