Supreme Court Justice Alito will not retire soon despite speculation, a source said
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Supreme Court Justice Samuel Alito is not expected to step down this term and has already hired all four law clerks for next year, multiple sources said, despite speculation that the high court justice will retire.
Alito “has not stepped down from this position and is in the process of hiring other clerks for his next term,” a source told Fox News Digital. Two other sources told Fox News that Alito is not withdrawing the designation, which lasts until the Supreme Court’s new term begins in October.
Judges tend to hire their clerks two to three years in advance, although that process does not necessarily reflect judicial retirement plans.
The revelation that Alito reportedly has no intention of stepping down comes after President Donald Trump told Fox Business’ Maria Bartiromo that he is “ready” to nominate three Supreme Court justices if vacancies arise. Trump added that he has a short list of nominees, though he did not name any names.
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United States Supreme Court Justice Samuel Alito on October 7, 2022 in Washington, DC (Alex Wong/Getty Images)
“In theory, two or three, they told me – if you just read the math – it could be two, it could be three, it could be one,” Trump told Bartiromo. “I don’t know. I’m willing to do it. But if you’re talking about Alito, he’s a great justice.”
Trump said he thinks Alito, who has sided with him in high-profile cases, is “in very good health” and called him “one of the greatest judges of our time.”
“Justice Alito is an incredible justice,” Trump said.
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President Donald J. Trump greets Supreme Court Associate Justice Samuel Alito as he leaves the swearing-in ceremony for Defense Secretary Mark Esper in the Oval Office of the White House on Tuesday, July 23, 2019, in Washington. (Jabin Botsford/The Washington Post)
Rumors about Alito, 76,’s possible retirement have grown because of his age, his decade on the bench and speculation that he may want to make sure his successor is confirmed by the current Republican-led Senate before the upcoming midterm elections. Former President George W. Bush appointed him to the nation’s highest court in 2005.
The rumors were further fueled when it emerged that Alito was being treated for dehydration last month after falling ill at a Federalist Society dinner. A High Court spokesperson clarified at the time that the justices were “examined thoroughly” and returned to the bench immediately.
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Justice Clarence Thomas, an appointee of President George HW Bush, has drawn little speculation of retirement despite being one year older than Alito at 77 and serving longer. Thomas has served on the court for more than three decades and holds the record for the second longest serving justice in history.
President Donald Trump and Supreme Court Justices Clarence Thomas, center, and Samuel Alito, right. (Chip Somodevilla/Pool/AFP via Getty Images; Andrew Harnik/Getty Images; Matt McClain/The Washington Post via Getty Images)
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, told reporters earlier this week that he would recommend Sens. Grassley said he hoped Alito would not resign but said his committee was “fully prepared” to consider a nominee before the midterm elections.
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Senate Majority Leader John Thune, RS.D., told reporters Tuesday that the GOP majority will be able to fill the Supreme Court vacancy soon.
“That’s a critical situation that I think here you have to always be prepared for. And if that happens, yes, we will be ready to confirm it,” said Thune.
Bill Mears of Fox News contributed to this report.
