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Supreme Court Justices Alito and Thomas Rumored to Retire
Potential vacancies could spark confirmation battles ahead of 2026 midterms
Published on Mar. 2, 2026
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Speculation is mounting that Supreme Court Justices Samuel Alito and Clarence Thomas may retire at the end of the current term this summer. At 75 and 77 years old respectively, the two conservative justices have served for decades and could be looking to step down under a Republican president and Senate. However, with the Senate majority in play in the 2026 midterms, their retirements could set up contentious confirmation fights if Democrats take control.
Why it matters
Supreme Court nominations are among the most politically charged events in Washington, with battles over the ideological balance of the court often sparking fierce partisan clashes. The potential retirements of Alito and Thomas, two of the court's most conservative members, could have major implications for the court's future direction depending on who replaces them.
The details
Justices Alito and Thomas are the two oldest members of the Supreme Court's conservative wing. Alito, 75, has served since 2006, while the 77-year-old Thomas has been on the court since 1991. Both are considered staunch conservatives, and their retirements could allow President Trump to nominate replacements who would maintain the court's rightward tilt. However, with control of the Senate in play in the 2026 midterms, their retirements could set up confirmation battles if Democrats gain control of the chamber.
- Alito will turn 76 by the end of the current Supreme Court term this summer.
- Thomas will turn 78 by the end of the current Supreme Court term this summer.
- Alito is set to publish a new book in October 2026, around the start of the next Supreme Court term.
The players
Samuel Alito
A 75-year-old Supreme Court justice who has served on the court since 2006 and is considered one of its most conservative members.
Clarence Thomas
A 77-year-old Supreme Court justice who has served on the court since 1991 and is also considered one of its most conservative members.
Chuck Schumer
The Democratic Senate Majority Leader who would likely lead efforts to block any Trump nominees to the Supreme Court if Democrats gain control of the Senate.
Donald Trump
The current President who would be responsible for nominating any replacements for Alito and Thomas if they retire.
James C. Ho
A judge on the U.S. Court of Appeals for the 5th Circuit who is considered a potential conservative Supreme Court nominee.
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.
