Alito and Thomas not expected to retire despite Democratic Senate takeover

Justice Samuel Alito has told friends he does not plan to retire before Democrats take control of the Senate in January, and people close to Justice Clarence Thomas say he will stay as well, leaving President Trump with little chance to name another justice.

Justice Samuel Alito, 76, does not plan to retire from the Supreme Court in the two months before Democrats take control of the Senate, The New York Times reported, citing friends of the justice. Sources close to Alito and 78-year-old Justice Clarence Thomas, the court's two oldest members, also told CNN that neither was expected to leave the bench because of the election results.

The Democratic midterm sweep, which gives the party between 54 and 56 Senate seats, renewed pressure on the two conservative justices. Some Republicans worry that President Donald Trump has lost the chance to cement the court's 6-3 conservative majority. "No Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks," Florida Gov. Ron DeSantis said Wednesday. "That's not just true for these two years, that would likely be true for the four years after that."

Official portrait of Justice Samuel Alito (file photo)

Asked by Bloomberg News last month whether he was a "firm no" on retiring during a lame-duck Congress, Alito replied, "Yeah." He has acknowledged the pressure, telling The Wall Street Journal that such nudges are "not pleasant" because "it's a reminder of mortality." Thomas has repeatedly said he has no plans to retire.

Even a lame-duck confirmation would not be assured in the current 53-47 Senate. Sens. John Cornyn and Bill Cassidy lost their primaries to Trump-endorsed challengers, Sen. Susan Collins lost her reelection bid on Tuesday, and Sen. Lisa Murkowski has voted against a Trump nominee before. Alito will be 78 when the 2028 presidential race is decided; Thomas will be 80.

Official portrait of Justice Clarence Thomas (file photo)