Multiple sources tell Fox News Digital that Justice Samuel Alito, 76, is not expected to retire during the current Supreme Court term and has already filled all four clerk positions for the upcoming term. The reports follow comments from former President Donald Trump that he is "prepared" to nominate as many as two or three justices if vacancies arise and his praise of Alito's health and record. Rumors had been fueled by Alito's age and a recent dehydration treatment, but the Court said he was checked and returned to the bench. Senate Republicans say they are ready to move quickly if a vacancy does occur.
Alito Unlikely To Retire This Term, Sources Say — Vacancy Speculation Cools
U.S. Supreme Court Associate Justice Samuel Alito Oct. 7, 2022, in Washington, D.C.(Getty Images)
Multiple sources told Fox News Digital that Supreme Court Justice Samuel Alito is not expected to step down during the current court term and has already filled all four of his law clerk positions for the upcoming term. The reports appear to cool speculation that the 76-year-old justice might retire before the Court’s new term begins in October.
Clerk Hiring And What It Signals
Justices commonly hire clerks two to three years in advance, and while filling posts is not definitive proof of retirement plans, sources emphasized that Alito is "not stepping down this term" and is in the process of completing his clerk roster for the next term.
President Donald J. Trump greets Associate Justice of the Supreme Court Samuel Alito as he departs from a ceremony to swear in Secretary of Defense Mark Esper in the Oval Office at the White House July 23, 2019, in Washington.
Political Reaction And Context
The news follows comments by former President Donald Trump, who told Fox Business host Maria Bartiromo he is "prepared" to nominate as many as two or three justices if multiple vacancies arise. Trump praised Alito, calling him "one of the great justices of our time" and saying he appears "in very good physical health."
"In theory, it's two or three, they tell me — if you just read statistics — it could be two, could be three, could be one. I don't know. I'm prepared to do it. But when you mention Alito, he is a great justice." — Donald Trump
Health And Retirement Rumors
Speculation about a possible retirement centered on Alito’s age and long tenure on the bench and intensified after he was treated for dehydration last month following an illness at a Federalist Society dinner. The Supreme Court spokesperson said the justice was "thoroughly checked" and soon returned to the bench.
President Donald Trump and Supreme Court justices Clarence Thomas, center, and Samuel Alito
Other Justices And Senate Response
Justice Clarence Thomas, 77, has attracted less retirement speculation despite being older than Alito and is the Court’s second-longest serving justice. Meanwhile, Senate Republicans have signaled readiness to process a nominee quickly if a vacancy arises. Senate Judiciary Committee Chairman Chuck Grassley said he would consider Sens. Ted Cruz or Mike Lee as top candidates if Alito retired, and Senate Majority Leader John Thune said GOP leaders would be prepared to confirm a nominee swiftly.
What’s next: With sources indicating Alito will remain on the bench for the current term, immediate vacancy concerns have eased. But lawmakers and political leaders continue to discuss contingencies should a retirement occur before future terms.
Fox News' Bill Mears contributed to this report.
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