Alito confirms he will not retire from Supreme Court early

Summarised from 3 outlets · Updated 5 Nov, 23:04 · Archive

Supreme Court Justice Samuel Alito has confirmed he will not retire early despite Democratic gains in the midterm elections.

Supreme Court Justice Samuel Alito has confirmed to Fox News that he has no plans to retire and is committed through at least the current term, which ends in late June. The statement comes amid speculation about the future of the Supreme Court following the Republican party's performance in the midterm elections.

When the new congressional term begins in January, Democrats will be in firm control of the Senate. Analysts and political figures, including Florida Governor Ron DeSantis, predict that Democrats will maintain Senate control for at least six years. This would make it extremely difficult for President Donald Trump to fill any potential vacancy with a conservative justice during his term.

Alito, 76, is the second-oldest member of the Supreme Court after Clarence Thomas, who is 78. Both justices have reportedly told allies they will not step down early. A Supreme Court insider told the New York Post: '[They] have both been very clear that they don't intend to retire this term. I don't expect that decision to change.'

However, Senate Republicans have signaled they would be prepared to hold a confirmation during the lame-duck session if either justice were to reconsider. Senate Majority Leader John Thune told Punchbowl News that a confirmation 'can be done' in the roughly 60 days after the election. Many key Republicans have indicated support for rushing through a nominee if needed.

The situation echoes 2014, when liberal Justice Ruth Bader Ginsburg, then 81, remained on the court after Republicans gained Senate control. She died six years later, allowing Trump to appoint her successor. There has not been a Supreme Court retirement during a lame-duck session after a midterm election since 1922.

How it is being reported

• GOP Senate ready for lame duck Supreme Court confirmation — if Alito or Thomas change mindSenate Republicans are open to holding a lame duck Supreme Court confirmation if Justices Samuel Alito and Clarence Thomas change their mind about not retiring after the midterm blue tsunami.New York Post · 5 Nov, 21:26
• Alito reiterates he's not retiring, is committed through end of current Supreme Court termSamuel Alito confirmed he has no plans to retire from the Supreme Court, but analysts warn the GOP may not control the Senate for six years.Fox News · 5 Nov, 15:34
• Supreme Court justice 'won't retire early' despite blue wave as Democrats eye another branch of governmentA Republican majority would have allowed Donald Trump to appoint potentially two more justices in place of aging court members Alito, 76, and Clarence Thomas, 78.Daily Mail · 5 Nov, 03:04

In this story: Samuel Alito · Clarence Thomas · Donald Trump · Supreme Court · Democratic Party · Republican Party

This summary was written by AI from the headlines and standfirsts above, and states as fact only what at least two outlets report. How we use AI · Report a problem · Corrections log