Donald Trump pulled off a stunning victory last week, leaving Democrats reeling as he not only won the Electoral College but also the popular vote. His opponent, Kamala Harris, may have been beloved by her base, but Trump’s support surged and pushed him over the top. In the aftermath, the left is scrambling, especially as Trump’s win brings the Supreme Court back into focus, with conservatives already holding a solid 6-3 majority.
As soon as Trump’s win was called, speculation erupted about Justice Samuel Alito, one of the Court’s most conservative figures, possibly stepping down. Alito, appointed by George W. Bush in 2006, is now 74. With Trump back in office, Alito’s retirement would open the door for another young, conservative appointee, further solidifying the Court’s rightward tilt. And with Republicans now in control of both the Senate and the House, Trump would likely face no resistance on his Supreme Court picks.
The rumor mill hasn’t stopped at Alito. Clarence Thomas, the longest-serving justice and another strong conservative voice, is 76 and frequently mentioned as a potential retiree. But Alito and Thomas both seem determined to stay on the bench, at least for now, letting age be a number rather than a retirement prompt. Sources close to Alito have said he’s not one to let political winds determine his tenure, sticking with his principles over party expectations.
Trump’s election victory brings renewed power to shape the Court in his own image. If Alito or Thomas did choose to step down, Trump would be positioned to appoint another young conservative to a lifetime position, possibly leading to a 7-2 majority. Imagine the liberal response if that were to happen—if one or even two Supreme Court seats went to Trump. It would make Trump the first president since Dwight D. Eisenhower to name a majority of the Supreme Court, marking a monumental shift in American jurisprudence.
But retirement isn’t the only story on the docket. There’s also Sonia Sotomayor, the 70-year-old liberal justice appointed by Obama in 2009. She, too, has faced pressure from the left to retire while a Democratic president could still replace her, but so far, Sotomayor seems uninterested in stepping down just to hand over her seat to a younger progressive.
Still, it’s unlikely that Alito or Thomas will feel any real push to retire simply to “protect” their seats, especially given their longstanding independence. After all, the late Justice Ruth Bader Ginsburg famously refused to step down during Obama’s term, ultimately passing away in 2020 and making way for Trump’s appointee, Amy Coney Barrett. That decision sent shockwaves through the liberal base and left a lasting impact on the Court’s ideological makeup.
In all likelihood, Alito and Thomas will remain on the bench for the duration of Trump’s term. Both men are actually younger than Trump, who, at 78, isn’t ready to slow down himself. It’s likely we’ll continue to see them in their robes, delivering opinions for years to come—likely outlasting even Trump’s current term and remaining key players in the Supreme Court’s conservative majority.
