Report: Supreme Court Justice Samuel Alito Not Retiring, Even if Democrats Win Senate

Associate Justice Samuel Alito stands in his chambers at the Supreme Court during an Assoc
AP Photo/J. Scott Applewhite

Conservative-leaning Supreme Court Justice Samuel Alito said he plans to remain in his position even if Democrats take the Senate majority in the 2026 midterm elections, “dismissing speculation that he might quickly retire to ensure Donald Trump can get a successor confirmed,” Bloomberg Law reported.

“I intend to stick around through this term,” said 76-year-old Alito, an appointee of President George W. Bush. “I made that decision many months ago.”

Speculation over both Alito and fellow conservative-leaning Justice Clarence Thomas, 78, has arisen in response to the possibility of Democrats taking control of the U.S. Senate in November, “though neither has shown any signs of wanting to step down,” according to the report.

Alito did say he had considered retirement, but he countered that he does not “feel mentally or physically decrepit.” The justice said in an interview with CBS News that he will consider again next year whether he should retire.

An incorrect National Public Radio story published on June 30 stirred up rumors of Alito retiring. The story was ultimately retracted, with the reporter saying they misheard information as the court dispensed the final opinions of its nine-month term.

Several Democrat U.S. Senate candidates have campaigned on filling a Supreme Court seat or blocking President Donald Trump from selecting another justice if one retires.

“Our race to decide Ohio’s next Senator could not only determine control of the U.S. Senate, but also who fills a lifetime seat on the highest court in the land,” Sherrod Brown, the Democrat candidate in Ohio, wrote in a Monday blog post. “Ohio’s next senator could be our first line of defense against another partisan Supreme Court Justice — or rubber stamp a Trump nominee.”

The Supreme Court started its new term on Monday, which will last through June 2027.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.

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