Conservative Supreme Court Justice Responds to Calls to Retire

U.S. Supreme Court Justice Samuel Alito has no intention of stepping down from his position on the nation’s highest court.

“Contrary to what some might assume, this is a man who has never approached his role from a political perspective,” said a source close to Alito. “The notion that he would retire based on political calculations simply doesn’t align with his character.”

Sources who spoke with the Wall Street Journal dismissed rumors among legal activists suggesting that the 74-year-old justice was preparing to retire to allow President-elect Donald Trump to nominate a younger conservative to fill his seat.

The Supreme Court’s future has become a renewed topic of debate, especially following Trump’s election last week. Three of the court’s eldest justices are in their 70s, sparking conversations about potential retirements.

For at least the next two years, Republicans, holding both the Senate and the White House, will be able to fill any Supreme Court vacancies without needing Democratic support.

Some conservatives have argued that it might be prudent for Alito, appointed by President George W. Bush in 2006, and Justice Clarence Thomas, 76, appointed by President George H.W. Bush in 1991, to step down to ensure younger, like-minded successors can sustain the court’s conservative direction for decades.

Public opinion polls indicate that most Americans view the Supreme Court as politically biased. However, insiders emphasize that justices across the ideological spectrum strive to maintain their independence from partisan politics, finding Washington’s post-election speculation increasingly tiresome.

Trump’s appointment of three justices during his first term has cemented a 6-3 conservative majority on the bench.

Justice Alito has been instrumental in advancing conservatism on the court. His 2022 opinion overturning Roe v. Wade, the 1973 decision that established a woman’s right to abortion before fetal viability, achieved a long-sought conservative goal that many had thought unattainable.

According to those close to him, Alito is in good health, enjoys his work, and feels he still has much to contribute to the court’s jurisprudence.

Sources also noted that Alito has already hired a legal clerk for the 2025–2026 term and plans to fill the rest of his clerkship positions in the coming months.

Since justices hold lifetime appointments, any vacancy has far-reaching implications, potentially influencing the law for decades. Both parties are acutely aware of the stakes in recurrent elections, where the court’s composition can hinge on the health or decisions of its members.

The 2020 death of Justice Ruth Bader Ginsburg remains a pivotal moment in such discussions. Despite calls from liberals in the early 2010s for her to retire while President Barack Obama held a Democratic Senate majority, Ginsburg opted to remain on the bench until her passing at 87. Trump subsequently filled her seat with Justice Amy Coney Barrett, providing the votes necessary to overturn Roe v. Wade.

Similar concerns are now being raised about Justice Sonia Sotomayor, 70, the senior member of the court’s liberal minority. Some Democrats believe she should step down so President Biden and Senate Democrats can appoint a younger progressive justice.

However, allies of Sotomayor recently assured the Wall Street Journal that she is in good health and has no plans to resign simply due to Republican control of Supreme Court nominations.

Instead, they emphasize that Sotomayor remains committed to her role on the court, particularly when presenting dissenting opinions.