Supreme Court Justice Samuel Alito has confirmed to allies that he does not plan to retire, a decision that comes as Democrats are set to take control of the Senate majority. This shift in power in January means Republicans will lose their ability to confirm judges, potentially hindering any future attempts by former President Donald Trump to appoint additional justices.
Alito, appointed by President George W. Bush and currently 76 years old, has indicated he will remain on the court after it became clear Democrats would win the Senate majority. According to SCOTUSblog, Alito votes with Trump's positions 89 percent of the time. Trump had previously suggested that Alito was considering retirement, in what appeared to be an effort to pressure him to step down. In remarks on Truth Social, Trump referred to Alito as a "great man."
Alito himself had previously stated in an interview that he considers retirement "every term" due to his age, but added that he felt he could still make a "valuable contribution." He also indicated he plans to reconsider retirement in 2027.
Trump had expressed a desire to appoint up to three more justices if vacancies arose, aiming to solidify a conservative majority on the court for decades. He successfully pushed for swift confirmations of his previous nominees: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. However, with Democrats now controlling the Senate, Trump would face significant hurdles in getting any new nominees confirmed. The need to secure votes from moderate Republicans, as well as from outgoing senators who have previously clashed with him, would complicate any confirmation process. Even if Alito or Justice Clarence Thomas, also aged 78 and appointed by Bush, were to retire, a Republican Senate majority would have faced challenges in confirming new justices, with moderates like Susan Collins and Lisa Murkowski needing to be appeased, alongside senators such as John Cornyn, Bill Cassidy, and Thom Tillis.
