Justice Samuel Alito told people close to him after Tuesday's election that he does not plan to leave the Supreme Court immediately, despite speculation Democrats' Senate gains could trigger a quick retirement.
That decision likely shuts a brief lame-duck opening for President Trump to install a fourth — or even fifth — Supreme Court justice before Republicans lose control of the chamber.
Alito, one of the court's two oldest justices, had already signaled resistance to stepping down, telling Bloomberg in October that he intended to stay through the current term.
The election map had fueled talk that Alito or Clarence Thomas could retire quickly, but Alito's stance suggests no immediate vacancy as Senate control shifts.