Constitutional conservatives have dominated the U.S. Supreme Court for several years now but as you know, some of our best ones are aging and as such, the retirement rumor mill has ramped up.
Earlier this year, there were rumors that Justice Samuel Alito, along with Justice Clarence Thomas, who is among the court’s staunchest constitutionalists, was rumored to be ready to head for the exit. President Trump essentially confirmed this in an interview with Fox News:
President Donald Trump said he is “prepared” to appoint up to three Supreme Court justices if vacancies arise, signaling he is ready to further reshape the high court as speculation swirls around a potential retirement from Justice Samuel Alito.
Trump told Fox Business’ Maria Bartiromo that Alito, an appointee of former President George W. Bush, could retire and that he has a shortlist of nominees in mind, though he did not mention any names.
The remarks sharpen the stakes around any potential vacancy, as Trump signaled he is ready to seize the opportunity to deepen the court’s conservative majority. With retirement speculation around Alito intensifying and Republicans eyeing the window before the 2026 midterms, the prospect of an opening is already putting fresh focus on succession politics.
“In theory, it’s two — you just read the statistics — it could be two, could be three, could be one,” Trump said. “I don’t know. I’m prepared to do it. But when you mention Alito, he is a great justice.”
Rumors surrounding Alito, 76, potentially retiring have intensified due to his age, his two decades of service on the bench, and speculation that he may wish to ensure a conservative successor is confirmed by the current Republican-led Senate—especially ahead of the upcoming midterm elections, where Republicans face the possibility of losing or diminishing their majority.
These rumors were further amplified when it was reported that Alito had received treatment for dehydration after feeling unwell at a Federalist Society dinner. A Supreme Court spokesperson clarified at that time that the justice had been “thoroughly checked” and returned to the bench the following Monday.
Justice Clarence Thomas, who was appointed by President George H.W. Bush, has faced less speculation about retirement compared to Justice Samuel Alito, even though he is one year older at 77 and has a lengthy tenure. Thomas has been a prominent conservative figure on the Court for over three decades, holding the record as the second-longest-serving justice in history.
“Justice Alito is an unbelievable justice, and a brilliant justice, and he gets the country,” Trump said. “He does what’s right for the country. It’s the law, and he goes by it as much as anybody, but he gets to the point. That’s good for our country. So … one way you should be, ‘Oh, I’m thrilled,’ but he’s so good.”
So – who would Trump nominate as Alito’s replacement?
While many prominent conservative judges, from appellate court Judge James Ho to Florida-based federal Judge Aileen Cannon, have been floated as options in legal circles, Trump has not publicly revealed any of his preferences at this stage.
Senate Chairman Chuck Grassley, R-Iowa, told reporters this week he would recommend Sens. Ted Cruz, R-Texas, or Mike Lee, R-Utah, as top candidates if Alito were to retire. Grassley emphasized that he hoped Alito would not step down but said his committee is “fully prepared” to process a nominee before the upcoming midterm elections if needed.
Cruz said in a statement provided to Fox News Digital that having his name in the mix was a “high honor” but that he did not want the job.
“The reason I’ve said no is that a principled federal judge stays out of policy fights and stays out of political fights. … But I don’t want to stay out of policy fights. I don’t want to stay out of political fights,” Cruz said. “I want to be right in the middle of them.”
Lee’s office did not respond to a request for comment.
Trump has been the most influential president when it comes to stacking the Supreme Court with justices who understand our constitutional founding and decide cases based on those principles. Let’s see if he will go 4-for-4 if Alito decides he’s out.
To that point, a stick of warm butter would have been better than Biden’s DEI pick, Justice ‘What’s A Woman’ Ketanji Brown Jackson.
