Is Alito Staying or Going?
Justice Samuel Alito says he isn't retiring during the lame-duck session. That hasn't stopped the speculation, or the fight over what should happen if Democrats win the Senate.
By Evelyn Shaw, Constitution Explained
Published · 2 min read
The Overview
The facts, straight
"I intend to stick around through this term," Justice Samuel Alito told Bloomberg News. "I made that decision many months ago," Politico reported on Oct. 6. He said he would not retire during the lame-duck session after the midterms, even if Democrats win the Senate, the Washington Post reported.
Days earlier, Alito, 76, told CBS News he had thought about retiring this year and would do so again in 2027. "It's something that I think that somebody at my age has to think about every term," he said, Politico reported. The current term runs through next June. Republicans hold a 53-47 Senate majority, Reuters noted.
What the Left Says
The progressive and Democratic case
Some on the left expect conservatives to press Alito or Justice Clarence Thomas, 78, to step down if Democrats win the Senate. "If Sam Alito sees Democrats take the Senate, I think you got at least a 50-50 chance that he retires between November and January," former MSNBC host Alex Wagner said on a podcast, Politico reported. A lame-duck confirmation, critics say, would let an outgoing Senate overrule the voters.
Where Reality Likely Sits
Radio Purple's analysis
Take him at his word for now: he has told the Wall Street Journal, CBS and Bloomberg the same thing. The real question is 2027. Whoever controls the Senate then will shape whether Trump can replace one of his favorite justices.
Should justices time their retirements to politics, or serve until they are ready to go?
What the Right Says
The conservative and Republican case
Alito and Thomas have faced some calls from conservatives to step down while Republicans hold the Senate, Reuters reported. Others say the decision belongs to Alito alone and that the Constitution sets no timetable. He has now said, more than once, that he is staying.
