Supreme Court Justice Samuel Alito said he has no plans to retire and expects to remain on the bench through at least the end of the court’s current term in late June.
He made the statement Thursday as speculation about possible Supreme Court vacancies grew following a poor midterm showing for Republicans.
Democrats are expected to take control of the Senate when the new congressional term begins in January. Florida Gov. Ron DeSantis has predicted Republicans may not regain control for at least six years, potentially making it very difficult for President Donald Trump to secure confirmation of a conservative nominee if a seat opens after this year.
At 76, Alito is the court’s second-oldest justice, after 78-year-old Clarence Thomas.
DeSantis wrote on X Tuesday that the chances of confirming a successor to Thomas or Alito during Trump’s term were “zero.” He also said the odds would probably remain close to zero under a Republican president from 2029 to 2033, arguing the party was unlikely to win enough Senate seats in 2028.
He added that if Republicans lose the Senate races where prediction markets strongly favor Democrats, Democrats could end up with 55 seats.
Ed Whelan, a conservative legal scholar and former clerk to the late Justice Antonin Scalia, argued that Trump is effectively blocked from appointing federal judges or Supreme Court justices during the final two years of his presidency.
Even if a Republican wins the presidency in 2028, Whelan wrote, that administration may not be able to make judicial appointments until Republicans retake the Senate. Given the party’s current position, he said, that might not happen until 2033.
Whelan also said a justice stepping down during the upcoming lame-duck session was unlikely, in part because Republicans could struggle to reach the 51 votes needed for confirmation.
He noted that if Sherrod Brown wins Ohio’s Senate race, Brown would be sworn in in early December, leaving Republicans with a 52–48 majority. Whelan said Susan Collins and Lisa Murkowski would likely oppose Trump’s preferred nominees, while several other Republican senators might also hesitate to support them.
