President Donald Trump seems to be leaning in on the idea that elderly conservative Justices Samuel Alito and Clarence Thomas might think about a conveniently timed retirement this year.
Trump couched his comments to Fox Business’ Maria Bartiromo in respect for the jurisprudence and decision-making processes of both justices. But he also repeatedly gestured at the political utility of them retiring soon:
As they often are, Trump’s comments about the Supreme Court were remarkably political.
But he also made some good points. This is one of the biggest political questions of 2026, for a host of reasons. And the decisions made by Alito, 76, and Thomas, 77, could reverberate in many ways.
The first thing to note is that Alito and/or Thomas retiring would be very much in keeping with how things work on the Supreme Court. The last seven justices to retire (as opposed to dying in office like Ginsburg or Antonin Scalia) have done so when the party more aligned with them controlled both the presidency and the Senate — and could confirm a like-minded replacement.
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