Justice Samuel Alito does not plan to retire

By 
 November 14, 2024

One of the brightest legal minds in the conservative world is quashing rumors of retirement. Supreme Court Justice Samuel Alito confirmed to the Wall Street Journal that he has no plans to step down at this time, ending speculation that President-elect Donald Trump could replace him with a younger conservative.

Alito is known as a reliable conservative, so his decision to stay is a boon to the right.

On the other hand, Alito's move will mitigate Republican plans to consolidate their majority for generations.

No retirement plans

Because justices serve for life, Trump could potentially pack the court with younger conservatives who will serve for decades. The oldest conservatives, Samuel Alito and Clarence Thomas, are in their 70s.

Trump placed a 6-3 conservative majority on the court in his first term, appointing Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

This January, Trump will return to the White House with a GOP majority in the Senate, which will enable him to get Supreme Court picks confirmed. Former Senate Republican leader Mitch McConnell (R-Ky.) did away with the filibuster for Supreme Court nominees in Trump's first term.

Alito famously wrote the majority opinion in the Dobbs decision, which ended the abortion regime of Roe v. Wade. While seen as an ideological conservative, sources close to Alito said he is not making retirement moves based on politics.

“Despite what some people may think, this is a man who has never thought about this job from a political perspective,” said one person close to Alito. “The idea that he’s going to retire for political considerations is not consistent with who he is.”

Supreme Court politics

Alito is not the only justice facing retirement pressure. Some Democrats have pushed Justice Sonia Sotomayor, 70, to step aside to allow President Biden to choose her replacement.

Liberals are haunted by the death of Ruth Bader Ginsburg in 2020, which enabled Trump to appoint Amy Coney Barrett. But Sotomayor, like Alito, has dismissed the retirement talk.

Despite ideological differences, Supreme Court justices are not necessarily rubber stamps for an agenda. This is especially true of some of Trump's first-term picks, such as the surprisingly moderate Amy Coney Barrett.

Compared to some other conservatives on the bench, Alito has been a much more consistent conservative. So, replacing him with someone younger would not necessarily be a win for Republicans.

Of course, it's always possible that an unexpected circumstance will cause Alito to reassess his plans.

But it is no loss for the right that a talented jurist like Alito is staying right where he is.

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