'Vultures circling': Alito sounds alarm over Supreme Court's future amid retirement rumors

The justice warned that political efforts to sway the court could hurt public trust as Americans entered a new term with trust near a record low
76-year-old Justice Samuel Alito has served on the Supreme Court since 2006 and said he has no fixed timetable for leaving the bench (Getty Images)
76-year-old Justice Samuel Alito has served on the Supreme Court since 2006 and said he has no fixed timetable for leaving the bench (Getty Images)

WASHINGTON, DC: Supreme Court Justice Samuel Alito is warning that political pressure on the judiciary could have lasting consequences for the institution, while acknowledging that he has considered retirement without setting a departure date.

In a 'Fox News Sunday' interview aired Sunday, October 4, Alito said there had been a “concerted effort to intimidate the court” and expressed concern about what escalating attacks could mean for its future.



The remarks came as the Supreme Court began a new term under unusually low public approval. 

Gallup found that 34% of Americans approved of the court’s performance in September, while 46% said they trusted the judicial branch, both near historical lows.

Samuel Alito warns political pressure could linger

Alito said efforts to influence justices had become a concern beyond individual cases.

He argued that presidents of both parties have increasingly relied on executive orders, administrative rules and reinterpretations of existing laws when they cannot move their agendas through Congress.

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)
The justice said presidents of both parties have increasingly relied on executive action when they failed to advance their agendas through Congress (Mark Wilson/Getty Images)

He also defended the court’s use of its emergency docket, saying the justices have disclosed everything except their internal communications.

Critics have questioned the process because emergency rulings can allow government policies to take effect before full arguments and final decisions.

Alito said he tries not to dwell on the political debate but is worried about its long-term effect on the court’s standing.

His comments came alongside warnings from other justices about threats and pressure directed at the judiciary. 

Retirement question brings 'vultures' remark

At 76, Alito is also at the center of recurring speculation about whether another vacancy could open on the conservative-majority court.



He has served since former President George W Bush nominated him in 2005, succeeding Justice Sandra Day O’Connor.

Asked about reports surrounding his future, Alito said retirement speculation was understandable but joked about the experience of being watched for signs of departure.

“It’s not too pleasant to look up and see the vultures circling around your head,” he said.

Alito did not announce a retirement date.

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 testifies about the court's budget, March 7, 2019, in Washington, DC (Chip Somodevilla/Getty Images)

He said it would be “foolhardy” to calculate how many additional years he would remain because circumstances could change.

The speculation has intensified because a vacancy could give President Donald Trump another opportunity to shape the court.

Trump already appointed Gorsuch, Brett Kavanaugh and Amy Coney Barrett during his first term.

New term puts court under scrutiny

Alito’s comments arrive as the justices confront major disputes over immigration detention, gun restrictions, voting rules, religious liberty and climate litigation.

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)
The new term includes major disputes over immigration detention, firearms restrictions, climate lawsuits and the scope of presidential power (Erin Schaff-Pool/Getty Images)

The court is also expected to handle further cases involving Trump administration policies.

Alito has remained one of the court’s most conservative members, but his role this term has already changed in one significant case: he recused himself from the climate dispute involving ExxonMobil and Suncor because of his holdings in other oil companies. 

The case could affect dozens of similar lawsuits around the country.

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