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As Midterms Near, Justice Alito Says He Considers Each Year Whether to Retire

As Midterms Near, Justice Alito Says He Considers Each Year Whether to Retire

nytimes.com 03.10.2026 19:48 6 views
The justice, the second oldest on the court at 76, told CBS News that he decided against stepping down last term. He could face pressure should Democrats win the Senate in November.

Alito Jr. said in an interview this week that he “thought about” retiring during the Supreme Court term that concluded in July but decided to continue serving out of a belief that he was making “a valuable contribution.” Speaking to CBS News, Justice Alito described the calculation as a natural one that comes with age. At 76, Justice Alito is the second-oldest justice on the court. His age and political alignment with President Trump have spurred rounds of speculation that he might soon retire, particularly with Democrats’ surge in the polls and control of the Senate in November in doubt.

The comments were a reminder that Mr. Trump, who remade the court, building a six-member conservative supermajority in his first term, may have the opportunity to appoint another justice or more before he leaves office. Justice Clarence Thomas, who at 78 is the court’s oldest current justice, has over the years ruled out retiring, indicating he intends to serve for decades more.

If he stays through spring 2028, Justice Thomas would set the record as the longest-serving justice in the Supreme Court’s history. Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.

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