Conservative Supreme Court Justice Responds to Calls to Retire
Efforts are ramping up from various groups aiming to push certain U.S. Supreme Court justices into early retirement—but so far, those efforts haven’t gained any traction.
Justice Samuel Alito made it clear recently that stepping down is not on his radar.
“Despite what some people may think, this is a man who has never thought about this job from a political perspective,” said an individual close to Alito. “The idea that he’s going to retire for political considerations is not consistent with who he is.”
According to the Wall Street Journal, insiders have “tamped down speculation among legal activists that the 74-year-old jurist was readying to retire so that President Donald Trump could fill his seat with a younger conservative.”
Meanwhile, similar calls have been made for Justice Sonia Sotomayor to consider retirement. As the third-oldest member of the bench, she has been candid about living with type 1 diabetes for years.
Yet, sources told the BBC that Sotomayor has no intention of stepping away.
“This is no time to lose her important voice on the court,” one source told the Wall Street Journal, adding she “takes better care of herself than anyone I know. She’s in great health, and the court needs her now more than ever,” the person said.
Earlier in the year, Sen. Bernie Sanders of Vermont addressed these discussions on NBC’s “Meet the Press,” noting he’d heard “a little bit” of talk about Sotomayor being encouraged to retire but dismissed the idea as not “sensible.”
The Supreme Court’s three most senior justices are all in their 70s, and with Trump’s recent election victory, debates about the court’s direction have reignited.
For the next two years, Republicans—who hold both the Senate and the presidency—won’t need Democratic support to confirm new justices.
Some conservatives have floated the idea that it would be strategic for Alito, appointed by George W. Bush in 2006, and Justice Clarence Thomas, 76, appointed in 1991 by George H.W. Bush, to step down now and allow Trump to install younger successors who could preserve a right-leaning majority for decades.
Surveys show that many Americans view the Supreme Court as politically motivated. Still, sources close to the justices say members across the ideological spectrum strive to keep the institution above partisanship—though the endless political chatter following the election has reportedly grown irritating within the Court.
Trump already shifted the Court significantly by appointing three justices during his first term, establishing a strong 6-3 conservative majority.
Alito has been a central figure in that shift. He wrote the landmark 2022 opinion that reversed Roe v. Wade, dismantling the precedent that had protected abortion access since 1973—a long-time goal of the conservative legal movement.
Friends and colleagues say Alito remains energized, committed to his work, and eager to continue contributing to the Court’s jurisprudence.
Sources familiar with Alito’s plans say he has already brought on one law clerk for the 2025–2026 term and intends to fill out his usual four-person team in the coming months.
Because justices serve lifetime appointments, any change in the Court’s makeup can have long-term legal consequences. Both parties understand the stakes and are wary of leaving the Court’s future up to chance or circumstance.
The passing of Justice Ruth Bader Ginsburg in 2020 is a potent reminder. Despite calls from liberals to retire during President Obama’s tenure—when Democrats controlled the Senate—Ginsburg stayed on and passed away at 87. That vacancy allowed Trump to nominate Justice Amy Coney Barrett, solidifying the conservative tilt and providing the fifth vote to overturn Roe.