Supreme Court Justice Samuel Alito, 76, told CBS News he "has to" consider retirement each year and recently thought about stepping down after the term that ended in June but chose to stay because he believed he could still contribute. A March hospital visit renewed speculation that his retirement could allow Donald Trump to appoint another conservative justice. Alito defended the 2022 Dobbs decision that overturned Roe v. Wade, described personal costs including lost friendships and threats, and warned that harsh partisan attacks could harm the Court.
Alito Says He 'Has To' Consider Retirement Each Year, Hints At Possible Exit
Samuel Alito at an event in Rome, Italy, on 20 September 2025.Photograph: Vincenzo Livieri/Reuters
Supreme Court Justice Samuel Alito, 76, told CBS News in a rare interview that he "has to" consider retirement every year given his age. In a preview clip shared by the network, Alito said he "thought about" stepping down at the end of the court term that concluded in June but decided to remain because he believed he could still "make a valuable contribution."
What He Said
Speaking with CBS national correspondent Jan Crawford, Alito acknowledged that rethinking retirement is something he expects to do "probably every year." When asked whether publicly discussing retirement could affect Republican efforts to secure a conservative successor while they control the Senate, he responded that it is difficult to predict political and personal circumstances a year or two in advance.
"I thought I could still make a valuable contribution — which is why I became a justice and a judge in the first place," Alito said. "Yeah, I think I have to [reconsider it]."
Health, Speculation and the Political Stakes
The interview followed a March 20 episode in which Alito became ill at a Federalist Society dinner in Philadelphia and was taken to a hospital. A Supreme Court spokesperson said he was treated for dehydration, returned to Virginia that night and was back at work within days. The hospital visit renewed speculation that Alito might retire, a move that could allow former president Donald Trump to nominate a fourth conservative justice to the nine-member court.
Trump previously appointed Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett; together with Alito, Clarence Thomas and Chief Justice John Roberts, those appointments have given the court a strong conservative majority that has often — though not always — ruled in favor of conservative positions.
On Roe, Backlash and Personal Costs
Alito discussed the personal consequences of writing the 2022 majority opinion in Dobbs v. Jackson Women's Health Organization, which overturned the federal right to abortion established under Roe v. Wade. He said the decision required "courage" from him and the four justices who joined the opinion and acknowledged that it had cost him friendships and prompted threats and harassment.
"Lost friendships are something you have to live with," he said, calling threats "quite disturbing" and warning that violence and intimidation pose dangers to the courts and public life more broadly. His remarks echoed testimony from other justices about increased security concerns, including a 2022 arrest of an alleged would-be attacker near Justice Brett Kavanaugh's home.
Alito also warned that "very harsh criticism" from political leaders such as former president Trump and President Joe Biden could be damaging to the Court's reputation. He reiterated that the Supreme Court's role is to interpret the Constitution "as best we can" and rejected the characterization of the Court as part of a political movement.
Separately, Alito recused himself from a major climate-related case amid scrutiny over his financial holdings in energy stocks. His memoir, So Ordered: An Originalist's View of the Constitution, the Court and Our Country, was scheduled for release on Tuesday.
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