As Midterms Near, Justice Alito Says He Considers Each Year Whether to Retire
New York Times · LC · trust 57/100
The justice, the second oldest on the court at 76, told CBS News that he decided against stepping down last term. He could face pressure should Democrats win the Senate in November.
Listen · 4:01 min Share full article Justice Alito is the second-oldest justice on the court. Credit... Erin Schaff/The New York Times By Abbie VanSickle
Speaking to CBS News , Justice Alito described the calculation as a natural one that comes with age. At 76, Justice Alito is the second-oldest justice on the court.
His age and political alignment with President Trump have spurred rounds of speculation that he might soon retire, particularly with Democrats’ surge in the polls and control of the Senate after the November elections in question.
“It’s too hard to predict how, for anybody, particularly when you reach a certain age, what your situation will be a year from now, two years from now, and so forth,” he said in the interview, clips of which were posted online on Friday. “And it’s too hard to predict what the political situation will be, and what any president might do with respect to a replacement.”
He added that he would “have to” consider retirement each year that he serves.
The comments were a reminder that Mr. Trump, who remade the court, building a six-member conservative supermajority in his first term, may have the opportunity to appoint another justice or more before he leaves office.
Justice Clarence Thomas, who at 78 is the court’s oldest current justice, has over the years ruled out retiring, indicating he intends to serve for decades more . If he stays through spring 2028, Justice Thomas would set the record as the longest-serving justice in the Supreme Court’s history.
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