Some legal commentators have suggested that Alito, now 74, might consider retirement to allow President-elect Donald Trump to replace him with a younger conservative. But those close to him have downplayed these claims. Alongside Justice Clarence Thomas, 76, Alito is one of the court’s older justices, which has led Republicans to argue that replacing them with younger appointees could secure a conservative majority for decades.
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The recent election of Trump has intensified debates surrounding the Supreme Court’s future. With Republicans anticipated to hold both the Senate and the White House by January, they would have the ability to confirm new justices without Democratic cooperation.
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Public opinion polls indicate that many Americans view the Supreme Court as politically influenced. However, insiders assert that the justices are committed to maintaining judicial independence, regardless of ideology, and find political speculation tiresome.
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Alito has been instrumental in shaping the court’s conservative trajectory, particularly with his 2022 opinion that overturned Roe v. Wade, ending the nearly 50-year precedent on abortion rights.
Alito reportedly enjoys his work, remains in good health, and continues to contribute significantly to the court’s jurisprudence. His commitment to the role is underscored by his decision to begin hiring clerks for the 2025-2026 term, with plans to fill all four clerk positions in the coming months.
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With lifetime appointments, each Supreme Court vacancy carries long-term implications for American law. Both political parties have become increasingly cautious about relying on the unpredictable timing of vacancies. The death of Justice Ruth Bader Ginsburg in September 2020 allowed Trump to appoint Justice Amy Coney Barrett, securing a conservative majority and ultimately enabling the reversal of Roe.
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Concerns are also growing on the Democratic side regarding Justice Sonia Sotomayor, who 70 is the most senior liberal justice. Some Democrats argue she should retire to allow President Biden and the Democratic-led Senate to appoint a younger progressive. However, sources close to Sotomayor have stated that she remains in good health and feels she still has a crucial role, even if often in dissent. She has no intention of stepping down simply due to shifts in the political landscape.