Supreme Court Justice Samuel Alito said he will stay on the high court even if Democrats win the Senate in the 2026 midterm elections.
“I intend to stick around through this term,” Alito said, according to Bloomberg Law.
“I made that decision many months ago,” he added.
Alito’s comments dismiss speculation that he may quickly retire to ensure Trump can confirm a successor.
“I’ve been bemused by the retirement speculation,” Alito commented.
Watch below:
"I've been bemused by the retirement speculation."
Supreme Court Justice Samuel Alito addresses speculation about his future on the bench during an interview with @ShannonBream on @FoxNewsSunday.
Alito says the constant attention surrounding whether he will retire is "not too… pic.twitter.com/KrNMUrzGba
— Fox News (@FoxNews) October 4, 2026
More from Bloomberg Law:
The comments come as polls show the Senate up for grabs in the Nov. 3 election. The prospect of Democratic control has put renewed focus on the two oldest justices, Alito and fellow conservative Clarence Thomas, 78, though neither has shown any signs of wanting to step down.
Although a post-election retirement in the middle of a Supreme Court term would be highly unusual — and draw fresh accusations of partisanship — it would give Republicans until Jan. 3 to approve a successor. Senate Majority Leader John Thune told Punchbowl News in July that a lame-duck confirmation “can be done.”
A Democratic Senate would be able to stop Trump from filling any vacancy. Republicans engineered the current six-justice conservative majority by blocking a vote on a Democratic nominee in 2016 and rushing to confirm Justice Amy Coney Barrett just before Trump lost the 2020 election.
Alito acknowledged the subject of retirement had crossed his mind, though he said, “I don’t feel mentally or physically decrepit.”
He was the briefly the subject of an erroneous June 30 National Public Radio report that he was retiring. NPR retracted the story, saying a reporter misheard information as the court was delivering the final opinions of its nine-month term.
The Supreme Court began its new term on Monday, which will last through next June.
Democrats are hoping they can block a potential Trump Supreme Court nominee if Alito considers retirement in 2027.
Alito says he won’t retire during lame duck session https://t.co/rdztGlVJZo
— POLITICO (@politico) October 6, 2026
POLITICO shared further:
Senate Republicans successfully blocked a Democratic nominee in 2016, allowing Trump to fill the seat after he came into the White House.
“Our race to decide Ohio’s next Senator could not only determine control of the U.S. Senate, but also who fills a lifetime seat on the highest court in the land,” Sherrod Brown, the Democratic nominee in Ohio, wrote in a blog post Monday. “Ohio’s next senator could be our first line of defense against another partisan Supreme Court Justice — or rubber stamp a Trump nominee.”
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