Sources Confirm Justices Alito and Thomas Have No Plans to Retire This Year
Amid swirling rumors of potential exits from the Supreme Court and recent comments made by President Donald Trump, sources close to Justices Samuel Alito, 76, and Clarence Thomas, 77, have told CBS News they have no plans to retire this year. This development likely closes any window Trump would have had to nominate a fourth justice to the high court before the midterm elections in November.
Trump's Comments Fuel Speculation About Vacancies
Speculation about potential upcoming vacancies was heightened after Trump told Fox Business's Maria Bartiromo earlier this week that he was "prepared" to nominate "two or three" justices if any vacancies were to open up during his tenure. "I don't know. It's possible, you know. In theory, it's two or three, they tell me," Trump said. "If you just read statistics, it could be two, could be three, could be one. I don't know."
Trump filled three Supreme Court vacancies during his first term, nominating Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Were Republicans to lose control of the Senate in the upcoming midterms, the possibility of Trump securing a fourth nomination would virtually drop to zero.
Alito's Hospitalization Sparks Retirement Rumors
Rumors of Alito's retirement ran rampant earlier this month after CNN reported that the justice was hospitalized in March after attending a Federalist Society dinner in Philadelphia. Supreme Court spokeswoman Patricia McCabe confirmed the hospitalization to CNN, stating that Alito felt ill during the event and, out of an abundance of caution, agreed to see a physician before the three-hour drive home.
"After that examination and the administration of fluids for dehydration, he returned home that night, as previously planned," McCabe said in a statement. "Justice Alito was thoroughly checked by his own physician, and he returned to work the following Monday for oral argument."
Conservative Bulwarks on the Bench
Alito has served on the bench since 2006, and Thomas since 1991. Both have been bulwarks for conservative causes, particularly since Trump's ascent to power, voting with him in cases where other conservatives, including his own nominees, have gone against him.
Most recently, in the case of Trump's sweeping tariffs, Alito and Thomas dissented while other conservative justices, John Roberts, Barrett, and Gorsuch, joined the three liberal justices in the majority to rule that the president overstepped his authority when he implemented the import taxes without congressional approval.
The news of Alito's intention to stay was first reported by Fox News, and with both justices firmly committed to remaining on the court, the political landscape for Supreme Court nominations remains static ahead of the critical midterm elections.
