US NewsIn the Courts

Justices Thomas and Alito Have No Plans to Retire This Term, Sources Confirm

The statements put an end to recent speculation that one or both justices might retire, allowing President Trump to name additional conservative replacements before the 2026 midterms.

Tommy FlynnTommy Flynn
The Supreme Court as composed 	7 October 2022
The Supreme Court as composed 7 October 2022 -- Credit: Fred Schilling, Collection of the Supreme Court of the United States

WASHINGTON — Supreme Court Justices Clarence Thomas and Samuel Alito, the two oldest and most conservative members of the high court, have no plans to step down this year, multiple sources close to the justices confirmed on April 17, 2026.

Thomas, 77, and Alito, 76, intend to remain on the bench beyond the current term, which ends in late June or early July. A source close to Alito told Fox News he “is not stepping down this term and is in the process of hiring the rest of his clerks for the next term.” Two additional sources confirmed the same. Sources close to Thomas told CBS News he does not plan to retire.

The statements put an end to recent speculation that one or both justices might retire, allowing President Trump to name additional conservative replacements before the 2026 midterms. Trump had publicly said he is “prepared” to nominate new justices and has a shortlist ready, while Senate Majority Leader John Thune (R-S.D.) told reporters Republicans are ready to confirm any nominee.

Speculation intensified after Alito’s brief hospitalization in March 2026 for dehydration following a fall at a Federalist Society dinner in Philadelphia. He was treated with fluids, returned home the same night, and resumed work for oral arguments the following Monday. Alito has not publicly addressed retirement.

Thomas, appointed by President George H.W. Bush in 1991, has long signaled he plans to serve as long as possible. Alito, appointed by President George W. Bush in 2006, has given no indication he intends to leave the bench soon.

For conservatives who view the current 6-3 majority as a hard-won safeguard for constitutional principles, the news removes any immediate risk of a vacancy that could shift the court’s balance before the midterms. Both justices continue their work on the court’s docket with no public plans to retire.

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