Justice Samuel Alito Isn’t Retiring, And Republicans Are Suddenly Sweating

Supreme Court Justice Samuel Alito apparently isn’t interested in doing Donald Trump any favors on the way out the door. Despite Democrats taking control of the Senate in the midterms, a result that could make it significantly harder for Trump to replace him, the 76-year-old justice plans to remain on the bench through the court’s current term, according to Bloomberg Law.

And conservatives are not exactly thrilled about it.

The Republican loss immediately sparked calls from some on the right for Alito to retire while the GOP still controls the Senate, giving Trump one last opportunity to nominate a conservative replacement before Democrats take over, USA Today reported.

There is just one problem: Alito already said he wasn’t going anywhere.

“I intend to stick around through this term,” he told Bloomberg in an interview published in October. The justice said he had made the decision months earlier and planned to serve at least through next summer, CNBC reported.

Alito hasn’t ruled out retirement altogether. In an interview with CBS News, he said he remained on the court because he believed he could “still make a valuable contribution.” He also said he expects to reconsider retirement every year.

At 76, Alito is the court’s second-oldest justice, behind 78-year-old Clarence Thomas, who has also become the subject of retirement speculation. He has served long enough on the highest court in the land to ensure that civil liberties once afforded to everyone have been rescinded. 

And now Republicans, who were so happy when the Supreme Court justices were doing their dirty work, are annoyed that they won’t just retire so the president can stack the court with more GOP servants. 

Supreme Court justices serve for life unless they retire or leave office, meaning there is no guarantee Trump will get another opportunity to replace either conservative justice. If Alito or Thomas leaves the bench after Democrats take control of the Senate, Republicans could find themselves unable to confirm a replacement.

As Roll Call explained, a Democratic-controlled Senate could simply refuse to advance a Trump nominee, potentially leaving a vacancy open until a future administration.

That possibility puts the court’s 6-3 conservative majority in a much more precarious position than Republicans would like. For years, conservatives have treated the Supreme Court as one of their most reliable political victories. Now, with the Senate slipping away, even the possibility of keeping that majority intact could depend on two aging justices deciding when they’ve had enough.

And judging by Alito’s latest comments, he isn’t in any hurry to make that decision.

SEE ALSO:

Supreme Court Justices Alito And Jackson Debate Voting Rights Decision

AOC Files Articles Of Impeachment Against Thomas And Alito