Supreme Court Justice Samuel Alito has confirmed he has no plans to retire and intends to serve at least through the end of the current Supreme Court term in late June. Alito's statement comes amid speculation about the court's future composition, particularly in light of recent midterm election results.
Florida Governor Ron DeSantis, among others, has suggested that with Democrats poised to control the Senate when the new congressional term begins in January, President Trump may face significant challenges in appointing conservative justices if vacancies arise. DeSantis noted that with predictions of a Democratic Senate majority for at least six years, it could become "extremely difficult, if not impossible" for Trump to fill any potential Supreme Court vacancies.
Alito, at 76, is one of the oldest members of the Supreme Court, with Justice Clarence Thomas being the oldest at 78. DeSantis expressed concern that the chance of confirming a "worthy successor" to either justice during Trump's potential term, or a hypothetical Republican administration in 2029-2033, could be "zero" if Republicans do not regain sufficient Senate seats.
Conservative legal expert Ed Whelan echoed these concerns, writing on X that a lame-duck justice resignation is unlikely and that Republicans would struggle to secure the 51 votes needed for confirmation. Whelan suggested that if Sherrod Brown wins a Senate seat, giving Democrats a 52-48 majority, several Republican senators would likely not support any nominee pushed by Trump. He further noted that other senators might be hesitant to approve a nominee Trump is eager to advance.