Updated
Updated · CNN · Nov 4
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.

Insights

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How might lifetime judicial appointments reshape the future of American law if sweeping age-limit reforms are suddenly enacted?
Could international models of judicial succession provide the ultimate blueprint for solving America's unpredictable Supreme Court vacancies?