Alito rules out retirement even if Dems take Senate: 'I intend to stick around through this term'

Supreme Court Associate Justice Samuel Alito has made it clear that he has no intention of leaving the court, even if Democrats manage to regain a majority in the Senate in the November midterm elections.

In an interview with Bloomberg, the justice denied speculation that he was a potential candidate for a strategic retirement that would allow President Donald Trump to appoint a conservative successor before a potential Democratic majority blocks the nomination.

Alito: I decided months ago

Alito said he plans to remain on the Supreme Court for the judicial term that began this week and will run through June 2027. "I intend to stick around through this term," he said. "I made that decision many months ago," he added.

The justice acknowledged that the idea of retiring "had crossed his mind," but ruled out any external pressure or political calculation. "I don't feel mentally or physically decrepit," he said in the interview with Bloomberg.

Context of the midterms

Polls show no clear winner for the midterm election, and the possibility that Democrats could regain a majority has reignited the debate over the two oldest justices, Alito, 76, and Clarence Thomas, 78.

The Senate elected in November does not convene until Jan. 3, and until that date, the current Republican-majority Senate remains in session. That interval, known as the lame-duck period, would allow Trump to nominate a replacement to the court and the Republican-controlled Senate to confirm him before the transition, should a vacancy arise. Majority Leader John Thune told Punchbowl News in July that a confirmation during that timeframe "can be done."

Starting Jan. 3, a Democratic majority could block any nomination. That scenario would, however, require Alito or Thomas to resign after the election and before January, in the middle of a judicial term that extends through June 2027. Bloomberg notes that a retirement at that time would be highly unusual and would reignite accusations of partisanship.