Supreme Court Justices Samuel Alito and Clarence Thomas do not plan to step down this year, CBS News reports.
There has been much speculation that President Trump may need to nominate his fourth justice to the high court during his second term.
BREAKING: Justice Samuel Alito NOT retiring.
Sources close to Justice Alito confirm the Fox News report that he has decided not to
step down this year.In addition, sources close to Justice Thomas tell me he’s not retiring.
That indicates that this year, with the midterms…
— Jan Crawford (@JanCBS) April 17, 2026
CBS News shared further:
Speculation about possible retirements tends to arise as the court approaches the end of its term. Mr. Trump told Fox Business’ Maria Bartiromo earlier this week that he’s “prepared” to name two or three new justices if vacancies open up.
“In theory, it’s two — you just read the statistics — it could be two, could be three, could be one,” Mr. Trump said. “I don’t know. I’m prepared to do it.”
He added, “when you mention Alito, he is a great justice.”
ADVERTISEMENTAlito has served on the high court since 2006 and Thomas since 1991.
Trump nominated Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett during his first term.
Rumors about Alito’s retirement intensified earlier this month after being hospitalized due to becoming ill at a dinner in Philadelphia.
Supreme Court Justice Was Hospitalized Last Month After Becoming Ill, Report Says
Fox News noted:
A Supreme Court spokesperson clarified at the time that the justice was "thoroughly checked" and quickly returned to the bench.
Justice Clarence Thomas, an appointee of President George H. W. Bush, has drawn less retirement speculation despite being one year older than Alito at 77 and in his own lengthy tenure. Thomas has been a conservative fixture on the court for more than three decades and holds a record as the second-longest serving justice in history.
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, told reporters earlier this week he would recommend Sens. Ted Cruz, R-Texas, or Mike Lee, R-Utah, as top candidates if Alito were to retire. Grassley said he hoped Alito would not step down but said his committee is "fully prepared" to process a nominee before the midterm elections.
Senate Majority Leader John Thune, R-S.D., told reporters Tuesday the GOP majority would be able to fill a Supreme Court vacancy quickly.
"That’s a contingency I think around here you always have to be prepared for. And if that were to happen, yes, we would be prepared to confirm," Thune said.
