Democratic Senate Win Fuels GOP Fears Over Alito, Thomas Staying on Court at 76 and 78
Updated
Updated · CNN · Nov 4
Democratic Senate Win Fuels GOP Fears Over Alito, Thomas Staying on Court at 76 and 78
3 articles · Updated · CNN · Nov 4
Summary
Republicans reacted to Democrats’ midterm sweep with fresh alarm that Samuel Alito, 76, and Clarence Thomas, 78, still do not plan to retire, according to people close to both justices.
That stance effectively closes off Donald Trump’s clearest path to reinforce the Supreme Court’s 6-3 conservative majority after Democrats captured the Senate, with Ron DeSantis saying no justice is likely to be confirmed under Trump unless something changes in the next six weeks.
A lame-duck confirmation push appears unlikely: Alito has said he would stay on even if Democrats won the Senate and called retirement in a lame-duck Congress a firm "no," while there is no sign the White House or Senate Republicans are preparing a fight.
The anxiety reflects a Ruth Bader Ginsburg-style risk calculation, because Alito would be 78 and Thomas 80 by the 2028 election, leaving conservatives exposed if a vacancy opens under a Democratic president and Senate.
Both justices, key architects of recent rulings on abortion, guns and voting rights, showed no public sign of political distraction Wednesday as the court heard a Texas death-penalty case.