Alito reportedly won't retire immediately despite Democrats' Senate win
Alito told Fox News he is staying on the court through at least the current term, due to end in late June.
Justice Samuel Alito, 76, does not intend to retire immediately, according to reports after Democrats won control of the in Tuesday's elections. The New York Times, citing two people close to him who spoke anonymously, reported that he shared this plan with friends. Bloomberg News reported that his stance has not changed, citing one unnamed person.
Fox News reports that Alito confirmed to it he will remain on the court at least through the current term, due to finish in late June. In an interview published in early October, he told Bloomberg, "I intend to stick around through this term." Justice Clarence Thomas, 78, has ruled out retiring over the years, the Times reports.
Democrats are set to hold at least 54 Senate seats, and the new Senate is seated on Jan. 3. Republicans hold 53 seats now. Speculation had centered on whether a retirement would let President Trump win confirmation of a successor before then.
Florida Gov. Ron DeSantis wrote on X that the chance of confirming a "worthy successor" to Thomas or Alito during Trump's term is "Zero." Conservative legal analyst Ed Whelan wrote that a resignation in the lame-duck session is highly unlikely.
- at least 54 Senate seats Democrats will hold in January — Newsweek
- 53-47 current Senate split in favor of Republicans — The Daily Beast
- 52-48 Senate split once Sherrod Brown is seated — The Philadelphia Inquirer
Three sides of the story
Liberal6 outlets
Justices rebuff pressure as Republicans' window narrows
The New York Times headlines that Alito will not retire immediately despite the election outcome. It says he has told friends he has no plan to step down before the term is over. MS NOW, citing the Times, Bloomberg and CBS News, says Trump looks set to finish with only the three justices he appointed.
The Daily Beast runs "Unmoved by Desperate Pleas to Step Down." Citing CBS News, it reports that the Democratic wave on Tuesday "had no bearing on their thinking" for Thomas and Alito. It also recalls Alito's October remark about "vultures."
The Philadelphia Inquirer looks at the pressure now on the court's two oldest conservatives. It quotes conservative attorney Ed Whelan saying both are making "an implicit bet that they will live long enough" for a Republican president to replace them. It also quotes UCLA law professor Harry Litman calling a lame-duck retirement "the most crass and nakedly political resignation in the court's history."
Center5 outlets
Window for Trump's fourth justice may have closed
The Seattle Times reports Alito told people close to him he does not intend to retire immediately, according to two anonymous sources, and says Republicans may have missed the window to name a fourth or even fifth justice. It quotes law professor Robert Luther III: "I don't anticipate any retirements before January." Deseret News headlines that Alito won't retire, notes Democrats secured at least 54 seats, and quotes Schumer telling the AP, "we're not going to allow a right-winger on the court."
Newsweek says legal analysts told it Trump's window may have closed. It quotes Northeastern's Daniel Urman that Democrats would probably refuse to hold a hearing for a nominee, and DeSantis saying no justice will be confirmed under Trump unless something happens in the next six weeks. A Reason post argues the retirement talk is "Speculation" and points to lower-court nominations the Senate can still take up.
- The Seattle Times: Justice Samuel Alito will not retire immediately, despite election outcome
- Deseret News: Justice Samuel Alito says he won’t retire from the Supreme Court despite midterm election outcome
- Newsweek: Samuel Alito's Missed Opportunity: Democrats' Blue Tsunami Impact on SCOTUS
- Reason: Don't Expect a Lame-Duck Supreme Court Vacancy (But There Are Other Nominations to Consider)
Conservative3 outlets
Alito stays put as GOP weighs lame-duck options
The New York Post headlines that the Senate is ready for a lame-duck confirmation if Alito or Thomas change their minds. It says Sen. Thom Tillis and Judiciary Chairman Chuck Grassley have signaled support for rushing a nominee if needed, while a Senate Republican advisor says pressure on the justices would likely be futile. Fox News leads with Alito telling it he is not retiring and is staying through at least the current term, which ends in late June.
It then quotes DeSantis's "Zero" post and Ed Whelan's posts on the obstacles to a lame-duck confirmation. The Daily Wire says Alito "reportedly has no immediate plans to retire." It quotes Vice President JD Vance, "The reason we lost is the war," and Alito telling CBS News that someone his age has to think about retirement "every term."
Which side made the stronger case?
- Conservative outlets did not mentionIn June NPR erroneously reported that Alito was retiring and then retracted the story. Reported by Deseret News, The Seattle Times, The Daily Beast, The Philadelphia Inquirer
All sources: 16 articles from 14 outlets
Liberal (8)
- MS NOW: Alito reaffirms retirement refusal after Democrats win Senate control
- MS NOW: Democratic sweep locks in Thomas and Alito for an uncertain Supreme Court ride
- The Boston Globe: So will Justice Alito retire now? In a word, no. (opinion)
- The Daily Beast: SCOTUS Justices Unmoved by Desperate MAGA Pleas to Step Down
- The Daily Beast: Trumpy Justice Spills on Retirement Plan After Midterms Mess
- The Philadelphia Inquirer: GOP’s losses will raise pressure on conservative Supreme Court justices to retire
- Yahoo News: GOP's losses will raise pressure on conservative Supreme Court justices to retire
Center (5)
- Deseret News: Justice Samuel Alito says he won’t retire from the Supreme Court despite midterm election outcome
- Newsweek: Samuel Alito's Missed Opportunity: Democrats' Blue Tsunami Impact on SCOTUS
- Reason: Don't Expect a Lame-Duck Supreme Court Vacancy (But There Are Other Nominations to Consider)
- The Seattle Times: Justice Samuel Alito will not retire immediately, despite election outcome
- The Wall Street Journal (news): Opinion | Alito and Thomas Can’t Retire Now (opinion)
Conservative (3)
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