Aging Trump-Aligned Justices Resist Pressure to Retire

Supreme Court conservatives Alito and Thomas plan to stay on the bench despite GOP calls for them to step down.

Apr. 18, 2026 at 6:25am

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A quiet, cinematic painting of an empty courtroom with a wooden judge's bench as the focal point, bathed in warm, diagonal sunlight and deep shadows, conceptually representing the uncertainty surrounding the future ideological balance of the Supreme Court.The aging conservative justices' refusal to retire leaves the future of the Supreme Court's ideological balance uncertain.Washington Today

Two of the Supreme Court's oldest and most conservative justices, Samuel Alito and Clarence Thomas, are resisting pressure from Republicans to retire while the party still controls the Senate. Sources say neither justice is planning to step down this year, dashing President Trump's hopes of quickly appointing more conservative jurists to the high court.

Why it matters

The continued presence of Alito and Thomas on the Supreme Court is crucial for maintaining the court's current 6-3 conservative majority, which has already issued landmark rulings rolling back abortion rights, expanding presidential immunity, and limiting federal agencies' ability to address climate change. With the 2026 midterms looming, any shift in Senate control could jeopardize Republicans' ability to confirm new conservative justices.

The details

Alito, 76, and Thomas, 77, are two of the court's most reliable conservative voices and have served for decades, appointed by Republican presidents George H.W. Bush and George W. Bush respectively. Despite Trump's public calls for aging justices to step aside so he can appoint their successors, sources say neither Alito nor Thomas is planning to retire this year, dashing the president's hopes of quickly cementing an even stronger conservative majority on the high court.

  • Alito was appointed to the Supreme Court by President George W. Bush in 2006.
  • Thomas was appointed to the Supreme Court by President George H.W. Bush in 1991.

The players

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.

Donald Trump

The former president who has publicly called for aging conservative justices to retire so he can appoint their successors.

Chuck Grassley

The Republican chair of the Senate Judiciary Committee, who has said the Senate is "fully prepared" to quickly confirm any new Supreme Court nominee.

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What they’re saying

“You reach a certain age and you give up your seat if you have the president... so that your ideology, your policies, your everything would be of the kind that we like.”

— Donald Trump, Former President

What’s next

With the 2026 midterm elections approaching, Republicans are racing to confirm any new Supreme Court nominees before potentially losing control of the Senate, which would make it much harder for them to get conservative justices approved.

The takeaway

The refusal of Justices Alito and Thomas to retire is a major setback for President Trump's efforts to further cement a conservative majority on the Supreme Court. Their continued presence on the bench will be crucial in shaping the court's rulings on high-profile issues like abortion, presidential power, and climate change regulations in the coming years.