Observers say conservative Supreme Court justices may see Trump victory as a chance to retire

By 
 November 6, 2024

Former President Donald Trump roared to victory on Tuesday evening while Republicans regained control of the Senate for the first time in four years.

Those facts could have implications for America's highest legal body by giving conservative Supreme Court justices a chance to retire. 

Frank Luntz: Trump can appoint "whomever he wants"

As The Hill noted, the judicial ramifications of Tuesday night were highlighted by Republican pollster Frank Luntz during an interview with NewsNation.

"The Supreme Court, with the Senate going red and with Trump at this point more than likely to be elected, still not a sure thing, but if he gets elected then he gets the appointment and with the Senate going Republican whomever he wants is going to end up on the Supreme Court," Luntz observed.

"That is about as big of an impact as you can have this election evening because there are a couple justices that will probably be retiring in the next year or two," he continued.

"If he has the Senate, it becomes easier for him to put forward his economic policies and some of it doesn’t even require a vote of Congress, but if you’re looking for that, that tariff policy is more likely than not to come into play,” Luntz said of Trump.

Clarence Thomas and Samuel Alito are both getting on in years

Although Luntz did not name the "couple justices" he expects to retire, former federal prosecutor Neama Rahmani has ideas.

Rahmani pointed out to Newsweek that conservative stalwart Clarence Thomas is 76 years old while fellow Republican appointee Samuel Alito turns 75 in April.

"Thomas or Alito may retire if Trump wins because they will want to be replaced by like-minded conservatives," Rahmani was quoted as saying.

"Thomas and Alito have both also experienced criticism for their out of court conduct and that of their spouses, which many deem to be partisan or violate ethics rules. They may want to step away from the spotlight," he stated.

Alito attacked for flying Appeal to Heaven flag

Rahmani's comments regarding Thomas and Alito's "out of court conduct" were likely in reference to a pair of controversies which arose over the past year.

Alito was attacked by many on the political left for flying an upside-down American flag outside of his house following the January 6 riot on Capitol Hill.

What's more, the Associated Press reported that Alito also flew an Appeal to Heaven flag at his summer home. The flag was used during the American revolution but has since been adopted by some conservatives.

Meanwhile, questions have been raised about Justice Thomas' relationship with billionaire and Republican mega donor Harlan Crow.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson