Alito Plans to Remain on Supreme Court, Sources Say, Dampening Vacancy Rumors

Supreme Court Justice Alito Not Planning to Retire This Term, Sources Say

Supreme Court Justice Samuel Alito has no plans to step down during the current term, according to multiple sources familiar with the situation, effectively ending speculation about his potential retirement. Sources told Fox News Digital that Alito “is not stepping down this term” and has already hired all four law clerks for the upcoming annual term that begins in October.

The 76-year-old conservative justice’s future on the bench became the subject of intense speculation in Washington legal circles in recent weeks. This speculation was further fueled when President Donald Trump told Fox Business’ Maria Bartiromo that he was “prepared” to appoint as many as three Supreme Court justices if vacancies arise during his term, though he did not specify which justices might be contemplating retirement.

“In theory, it’s two or three, they tell me — if you just read statistics — it could be two, could be three, could be one,” Trump said in the interview. He specifically praised Alito, calling him “an unbelievable justice” and “one of the great justices of our time.”

Rumors about Alito’s potential departure intensified after he was treated for dehydration last month following an episode at a Federalist Society dinner. A Supreme Court spokesperson later clarified that the justice was “thoroughly checked” and quickly returned to the bench, downplaying health concerns.

Alito, who was nominated by former President George W. Bush in 2005, has now served on the nation’s highest court for nearly two decades. Political observers had speculated that he might want to ensure a conservative successor would be confirmed by the current Republican-led Senate before the upcoming midterm elections, which could potentially shift control of the chamber.

While justices typically hire their clerks two to three years in advance, sources indicated that Alito’s clerk hiring decisions for the next term provide a strong signal about his intentions to remain on the court. The process of selecting and hiring law clerks represents a significant commitment to future court sessions.

Justice Clarence Thomas, despite being one year older than Alito at 77 and having served more than three decades on the court, has drawn comparatively less retirement speculation. Thomas, appointed by President George H.W. Bush, currently holds the distinction of being the second-longest serving justice in Supreme Court history.

Senate Republican leadership has indicated they would move swiftly should any retirement occur. Senate Judiciary Committee Chairman Chuck Grassley told reporters earlier this week that his committee is “fully prepared” to process a nominee before the midterm elections, and specifically mentioned Senators Ted Cruz and Mike Lee as potential candidates should a vacancy arise.

Senate Majority Leader John Thune reinforced this position, telling reporters Tuesday that the GOP majority would be able to fill a Supreme Court vacancy quickly if needed. “That’s a contingency I think around here you always have to be prepared for. And if that were to happen, yes, we would be prepared to confirm,” Thune said.

The Supreme Court, with its current 6-3 conservative majority, continues to be a central focus in American politics. Any retirement or replacement could have significant implications for the court’s ideological balance and future decisions on critical issues like abortion, gun rights, religious freedoms, and presidential powers.

For now, barring any unforeseen circumstances, the court appears set to maintain its current composition at least through the conclusion of its current term. As the justices prepare for the next session beginning in October, Alito’s decision to retain his seat maintains the stability of the court’s conservative majority.