Supreme Court Justice Samuel Alito confirmed to Fox News that he has no plans to retire and is committed through at least the current term, which is set to end in late June.
Alito made the statement Thursday amid speculation about the future of the Supreme Court after a disastrous GOP performance in the midterm elections.
When the new congressional term begins in January, Democrats will be in firm control of the Senate, with predictions, including from Florida Gov. Ron DeSantis, that this will not change for at least six years. That would make it extremely difficult, if not impossible, for President Donald Trump to fill any potential vacancy with a conservative after this year.
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After Justice Clarence Thomas, 78, Alito is the oldest member of the Supreme Court at 76 years old.
“Chance of confirming a worthy successor to Justice Thomas and/or Alito during President Trump’s term: Zero. Chance of confirming a worthy successor during a hypothetical GOP admin 2029-2033: probably zero (GOP won’t be able to recapture enough seats in 28),” DeSantis posted to X on Tuesday night.
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“Assuming Republicans lose the seats where prediction markets have the Democrats at 90+% to win, that would produce 55 Democrat Senate seats,” DeSantis added.
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Ed Whelan, a conservative legal expert who clerked for the late Supreme Court Justice Antonin Scalia, wrote on X that Trump is now effectively blocked from appointing federal judges or Supreme Court justices during the final two years of his term.
“If a Republican is elected president in 2028, that president will not be able to appoint any justices or judges until Republicans regain the Senate,” Whelan wrote. “Given the deep hole, that might not happen until 2033. “
Whelan also explained that a justice resigning during the upcoming “lame duck” session is highly unlikely and Republicans would have a hard time securing 51 votes.
“If Sherrod Brown wins Ohio seat, he gets sworn into Senate in early December, so Senate becomes 52R-48D,” Whelan wrote. “Collins and Murkowski would be unlikely to support anyone Trump would nominate. John Cornyn, Thom Tillis, and Bill Cassidy aren’t going to be eager to do Trump any favors. And there are other senators—e.g., John Curtis of Utah—who would be leery of anyone Trump would be eager to push through.”
Fox News’ Andrew Mark Miller contributed to this report.