Supreme Court Justice Samuel Alito confirms he is considering retirement

Samuel Alito said he thought about stepping down this year and expects to revisit the question in 2027 as he weighs his future on the bench
Alito said he had considered retiring in 2026 and expected to revisit the decision in 2027 (Getty Images)
Alito said he had considered retiring in 2026 and expected to revisit the decision in 2027 (Getty Images)

WASHINGTON, DC: Supreme Court Justice Samuel Alito has confirmed he is considering retirement, raising the possibility that he could step down after next year's term and give President Trump the opportunity to nominate a fourth justice to the court.

Alito said in excerpts of a CBS News interview released Friday that he thought about retiring this year and will do so again in 2027.

Samuel Alito weighs retirement from Supreme Court

“It’s something that I think that somebody at my age has to think about every term,” the 76-year-old said in the interview scheduled to air Monday.

“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.”

WASHINGTON, DC - MARCH 07: U.S. Supreme Court Associate Justice Samuel Alito testifies about the court's budget during a hearing of the House Appropriations Committee's Financial Services and General Government Subcommittee March 07, 2019 in Washington, DC. Members of the subcommittee asked the justices about court security, televising oral arguments and codes of ethics for the court. (Photo by Chip Somodevilla/Getty Images)
Samuel Alito testified about the Supreme Court's budget during a House Appropriations Committee hearing in Washington, DC, in 2019 (Chip Somodevilla/Getty Images)

The interview, the first in a series planned around the launch of his book on judicial philosophy, brings new focus to the question of whether Trump could get another Supreme Court pick.

His earlier nominees have already pushed the court to the right. Lately, Trump has grown openly frustrated with some of his own appointees for ruling against him.

If Democrats win the Senate in the midterms, securing a fourth nominee would not get any easier for him.

Alito, in the CBS interview, pushed back on concerns that the timing of his retirement and his replacement could potentially unravel his work on the bench.

“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.

Samuel Alito (L) is sworn in as Associate Justice of the U.S. Supreme Court as his wife Martha-Ann Bomgardner holds a bible during a ceremony in the East Room at the White House February 1, 2006 in Washington, DC. The U.S. Senate voted in favor of Alito earlier in the week to become Associate Justice of the highest court in the United States. (Photo by Mark Wilson/Getty Images)
Samuel Alito was sworn in as a Supreme Court justice during a ceremony at the White House in Washington, DC, in 2006 (Mark Wilson/Getty Images)

Alito defends his Dobbs opinion and its personal toll

Alito also defended his majority opinion in June 2022 that struck down Roe v. Wade and overturned the constitutional protections for abortion that had prevailed for decades. The decision closely matched one that had leaked a month earlier.

“We didn’t know it when we produced the draft that was leaked, but it required courage to go ahead with that because of the implications,” he said.

WASHINGTON, DC - FEBRUARY 23:  U.S. Supreme Court Associate Justice Samuel Alito speaks during the G
Alito pushed back on concerns about how the timing of his retirement could affect his work on the Supreme Court (Getty Images)

“That’s something you have to live with,” he said, adding, “It’s part of the job that you’re going to displease people by making decisions on controversial matters, because one side or the other is going to really dislike you because of the decisions.”

He said the decision resulted in the loss of old friendships.

Alito hasn’t promised when he’ll retire, but he made clear that retirement remains something he is seriously considering. He is expected to revisit the question in 2027.

Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC on April 23, 2021. Seated from left: Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left: Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Photo by Erin Schaff-Pool/Getty Images)
Members of the Supreme Court posed for a group photo with Samuel Alito in Washington, DC, in April 2021 (Erin Schaff-Pool/Getty Images)

For now, Alito stays on the Supreme Court, standing by his past decisions and sticking to his own timetable when it comes to considering retirement.

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