WHAT YOU NEED TO KNOW
- Justice Samuel Alito said he recently considered retirement but decided he could still make a valuable contribution to the Supreme Court.
- Alito, 76, expects to reconsider retirement every year and said political conditions surrounding a replacement are difficult to predict.
- Republicans currently control the Senate and can confirm a Supreme Court nominee without Democratic support.
- Senate Majority Leader John Thune said justices make their own decisions while acknowledging the importance of confirmation timing.
Supreme Court Justice Samuel Alito told CBS News on Friday that he recently considered retirement and decided to remain on the court for the time being. Alito is 76 and said he believed he could still make a valuable contribution.
The decision does not settle the question permanently. Alito said he expects to revisit retirement every year, meaning he will consider it again within the year.
Alito made the remarks during an interview with CBS News correspondent Jan Crawford that is scheduled to be released in full on Monday. He directly acknowledged that retirement had been under consideration.
“I thought about it. It’s something I think that somebody at my age has to think about every term. But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place.”
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His explanation focused on whether he could continue contributing to the court. For now, Alito has concluded that he can, and that judgment led him to remain in his position.
Crawford then asked whether he would reconsider retirement each year. Alito gave a brief and unmistakable answer: “Yeah, I think I have to.”
The annual review leaves Alito’s longer-term future unresolved. Although he has chosen to stay on the court now, his comments indicate that the same decision will be waiting for him during every coming term.
Crawford also asked Alito whether remaining on the court could affect his legacy. Her question referred to Justice Ruth Bader Ginsburg, who died in 2020 and was succeeded by Justice Amy Coney Barrett.
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“It’s too hard to predict what the political situation will be and what any president might do with respect to a replacement,” Alito responded.
WATCH:
Alito did not connect his retirement decision to the upcoming midterm elections. He also did not tie it to any specific scenario involving the confirmation of a possible replacement.
President George W. Bush nominated Alito, and the justice joined the Supreme Court in 2006. He is now the second-oldest justice on the Court, behind Justice Clarence Thomas.
Any future retirement would intersect with the Senate confirmation process because Supreme Court nominees require Senate approval. Republicans currently control the chamber and can confirm a nominee without support from Democrats.
That political situation could change after the upcoming midterm elections. The process could become more difficult if Democrats regain control of the Senate, or if Republicans keep control with only a thin majority.
Two Republican senators have declined to give outright support to President Donald Trump’s previous Supreme Court nominees. They are Lisa Murkowski of Alaska and Susan Collins of Maine.
Murkowski also voted “present” during the confirmation vote involving Justice Brett Kavanaugh. That history could matter to the Senate arithmetic surrounding any future Supreme Court confirmation if the Republican majority becomes narrow.
Senate Majority Leader John Thune of South Dakota addressed the subject in April. He said justices make their own decisions, while noting that confirmation would be preferable from a timing standpoint when the same party controls both the Senate and the White House.
Alito’s comments kept his own decision separate from those political calculations. He said he remained because he believed he could still contribute, while acknowledging that retirement is now a question he expects to face each year.
For the time being, the longtime conservative justice is staying put. His yearly approach, however, means the retirement question has not disappeared and will return as Alito evaluates another term on the Supreme Court.
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