Justice Samuel Alito Says He is Highly Considering Retirement
Supreme Court Justice Samuel Alito says he recently considered retiring from the nation’s highest court but ultimately decided to remain, at least for now.
The 76-year-old justice revealed the decision during an interview with CBS News correspondent Jan Crawford that is scheduled to air in full on Monday.
Alito said his age has made retirement something he now expects to consider regularly.
“I thought about it,” Alito said.
“It’s something I think that somebody at my age has to think about every term.”
For the moment, however, Alito said he believes he still has something meaningful to contribute to the court.
“But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place,” he said.
Crawford then asked whether Alito expected to reconsider the issue every year.
“Yeah, I think I have to,” Alito responded.
His comments mean retirement could remain an open question as the court enters future terms.
Alito did not announce any timetable for leaving the bench.
Instead, he indicated that he plans to evaluate the decision on a year-by-year basis.
Crawford also asked Alito whether remaining on the court could affect his legacy.
The question referenced the experience of the late Justice Ruth Bader Ginsburg, who remained on the Supreme Court until her death in 2020.
Ginsburg was subsequently replaced by Justice Amy Coney Barrett.
Alito declined to speculate about how politics might influence the consequences of his own eventual departure.
“It’s too hard to predict what the political situation will be and what any president might do with respect to a replacement,” he said.
Alito was nominated to the Supreme Court by President George W. Bush.
He joined the court in 2006 and has now served for roughly two decades.
At 76, Alito is the second-oldest member of the Supreme Court.
Justice Clarence Thomas is older.
Any future retirement by Alito would immediately trigger a major confirmation process because Supreme Court nominees require Senate approval.
Republicans currently control the Senate and could confirm a nominee without Democratic support if members of the party remained unified.
That political landscape could change following the upcoming midterm elections.
A Democratic takeover of the chamber could make confirmation more difficult for a Republican president.
Even continued Republican control with a narrow majority could create complications.
Sens. Lisa Murkowski of Alaska and Susan Collins of Maine have previously declined to automatically support all of President Donald Trump’s Supreme Court selections, per Trending Politics.
Murkowski notably voted “present” during the confirmation vote for Justice Brett Kavanaugh.
Alito, however, did not connect his retirement thinking to the midterm elections or any specific Senate scenario.
His comments focused instead on whether he believes he can continue contributing to the court.
Senate Majority Leader John Thune addressed the broader issue of Supreme Court retirements earlier this year.
Thune said in April that justices make their own decisions about when to leave the bench.
He also acknowledged that, from a confirmation standpoint, it would be easier when the same party controls both the White House and Senate.
For now, Alito has decided to stay.
But his latest comments make clear that the question is not settled permanently.
The longtime justice expects to revisit retirement each year, meaning speculation about his future on the Supreme Court is likely to continue.
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