Alito Affirms He Will Remain on Supreme Court Through Current Term After Democrats Win Senate

Justice Samuel Alito has reiterated that he does not intend to retire immediately from the Supreme Court, even after Democrats secured a Senate majority in the November 3 midterm elections. The 76-year-old justice, appointed by President George W. Bush in 2006, told associates after the results that his plans were unchanged, according to reporting by The New York Times and Bloomberg News. Those accounts align with his public statements in September and early October that he would remain through the current term.

In an interview with Bloomberg published in early October, Alito said, “I intend to stick around through this term. I made that decision many months ago.” He made the comments as the court opened its 2026-27 term, which is scheduled to run into late June or early July 2027. The new Senate, in which Democrats are projected to hold at least 54 seats, will be seated on January 3, 2027. Alito confirmed a similar stance to Fox News on November 5, stating he has no plans to retire and is committed through at least the end of the current term.

Justice Clarence Thomas, 78, the court’s senior associate justice and a 1991 appointee of President George H.W. Bush, has not issued a public statement on his plans since the election. Multiple outlets, including CBS News, have reported that sources close to both justices indicate neither intends to step down in the near term. Thomas has previously rejected suggestions that he retire. If he remains through May 2028, he would surpass the record for longest service set by Justice William O. Douglas.

The short lame-duck period before January 3 has drawn attention from some Republican observers as the last window in which a Republican-controlled Senate could confirm a Trump nominee. Senate Majority Leader John Thune had earlier indicated that a confirmation “can be done” within roughly 60 days after an election. However, legal analysts including Ed Whelan of the Ethics and Public Policy Center have noted practical obstacles, including the limited calendar, competing legislative priorities, and the need for sufficient Republican votes in a closely divided chamber. Florida Governor Ron DeSantis stated after the election that the chance of confirming a successor to either justice during the remainder of President Trump’s term is effectively zero.

Alito has acknowledged in prior interviews that retirement is a recurring consideration at his age. In comments to CBS News and The Wall Street Journal, he said it is something “somebody at my age has to think about every term” but that he believed he could still make a valuable contribution. He has also described speculation about his departure as unpleasant. Neither justice has indicated any health issues that would force an earlier departure.

The court’s current 6-3 conservative majority remains intact for the remainder of the term. Any vacancy after January 3 would require confirmation by a Democratic-controlled Senate, which has signaled it would not advance Trump nominees. Full certified election results and any further statements from the justices or the White House will determine whether the situation changes before the new Congress convenes.