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Some Republican voices have even urged both Alito, appointed by President George W. Bush in 2006, and Justice Clarence Thomas, appointed by President George H.W. Bush in 1991, to step down and allow fresh conservative justices to take their seats. This could potentially extend the conservative influence on the court for a new generation. At 76, Thomas is the oldest justice currently serving.
Public opinion surveys indicate that a substantial number of Americans see the Supreme Court as politically biased, though insiders claim that all justices, regardless of ideology, view themselves as independent from politics. The recent wave of post-election speculation about court vacancies is reportedly causing irritation within the court, as justices seek to maintain their commitment to impartiality.
Under Trump’s administration, the Supreme Court shifted sharply to a 6-3 conservative majority, owing to three appointments during his first term. Justice Alito has been a cornerstone of this transformation, most notably authoring the landmark 2022 decision to overturn Roe v. Wade, a ruling that had established the federal right to abortion for nearly fifty years.
Close acquaintances assert that Alito is in good health, deeply committed to his role, and not ready to depart. He has already hired a clerk for the 2025-2026 term and plans to fill out his clerking staff for the upcoming months, indicating his intent to continue his judicial duties for the foreseeable future.
Given that Supreme Court justices serve lifetime appointments, each vacancy has the potential to influence American law for generations. Neither political party wishes to gamble with the court’s composition based on the unpredictable timing of a justice’s retirement or health status.
The passing of Justice Ruth Bader Ginsburg in September 2020 looms large over these discussions. Her death allowed Trump to appoint Justice Amy Coney Barrett, solidifying a conservative majority that ultimately had the votes to overturn Roe. Some have argued that if Ginsburg had retired earlier under President Obama, a younger liberal might have taken her place and prevented a conservative stronghold.
The current administration and Democrats have similar concerns about Justice Sonia Sotomayor, 70, the senior liberal on the court. Many Democrats worry that should she remain on the bench and a vacancy arise under a conservative administration, her seat could be filled by a Republican appointee. Some on the left have voiced that Sotomayor should retire while President Biden holds office, allowing a younger progressive to take her place.
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However, Sotomayor’s associates have dispelled these suggestions, stating she has no plans to leave the bench. As shared with the Wall Street Journal, she remains in good health and feels she has a valuable role on the court—even in dissent against the conservative majority.
For now, the aging justices on both ideological sides show no signs of stepping down, choosing instead to fulfill their lifetime appointments on their own terms. As the political world debates the court’s future, Alito and Sotomayor seem resolute in their commitment to continue serving, regardless of external pressure or speculation.
