Aging Supreme Court Justices Face Retirement Pressure

Conservative Justices Alito and Thomas draw scrutiny as political timing of retirements looms large

Apr. 11, 2026 at 2:07pm

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A serene, photorealistic painting of the U.S. Supreme Court building, its iconic columns and facade bathed in warm, golden light, conveying a sense of timelessness and gravitas despite the political uncertainty surrounding the court's future.As the Supreme Court's conservative wing ages, the politics of retirement looms large over the nation's highest judicial body.Washington Today

As conservative U.S. Supreme Court Justices Samuel Alito and Clarence Thomas approach retirement age, discussion has increased among experts about the possibility of a vacancy on the nation's highest court. The political timing of any potential retirements has become an increasingly important consideration, with the upcoming November congressional elections and the prospect of a Democratic-controlled Senate that could block a Republican president's nominee.

Why it matters

Any Supreme Court vacancy would give former President Donald Trump the opportunity to make a fourth appointment to the court, potentially cementing its conservative majority for decades. The court's ideological balance has shifted dramatically rightward since 2020, and a retirement could allow Trump to install a younger, more conservative justice.

The details

Alito, 76, and Thomas, 77, have given no public indication they plan to retire soon, but their advancing age has fueled speculation. The average age of Supreme Court justices who have retired since 2000 is around 80. Alito in particular has been seen as a potential retiree, having authored the landmark 2022 decision overturning Roe v. Wade. The October release date of Alito's forthcoming book has also been viewed as a potential clue he may be preparing to step down.

  • Alito reached the milestone of 20 years on the Supreme Court in January 2026.
  • Thomas is on track to become the second-longest serving justice in Supreme Court history next month.

The players

Donald Trump

The former Republican president who appointed three Supreme Court justices, giving the court a 6-3 conservative majority.

Samuel Alito

A 76-year-old conservative Supreme Court justice appointed by President George W. Bush in 2006.

Clarence Thomas

A 77-year-old conservative Supreme Court justice appointed by President George H.W. Bush in 1991.

John Yoo

A former Justice Department lawyer under President George W. Bush and a professor at the University of California, Berkeley School of Law.

Michael Dorf

A professor at Cornell Law School who has commented on the political considerations around Supreme Court retirements.

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What they’re saying

“I think a conservative justice would want to retire during a time when an originalist would follow him or her, and that is most likely with Trump as president and the Senate controlled by Republicans.”

— John Yoo, Former Justice Department lawyer

“Generations from now, if somebody looks up Samuel Alito in Wikipedia or whatever replaces it, that will be the first line. He's the justice who wrote the opinion overturning the right to abortion.”

— Michael Dorf, Professor

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.