Supreme Court Justices Samuel Alito and Clarence Thomas are not planning to retire in 2026, according to sources close to both justices. This development means there are unlikely to be vacancies on the high court this year for President Donald Trump to fill.
Justice Alito, aged 76, and Justice Thomas, aged 77, are key members of the Court’s conservative majority. Alito has served on the Supreme Court since 2006, while Thomas has been a justice since 1991. President Trump has previously appointed three justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—during his first term in office.
Speculation about possible retirements at the Supreme Court often intensifies as the Court’s term concludes. Earlier this week, President Trump told Fox Business he was “prepared” to nominate two or three new justices if vacancies arose. However, with Alito and Thomas planning to remain on the bench, the opportunity for such nominations this year appears limited.
The Court is expected to issue rulings on several significant cases during its current term. These include decisions on President Trump’s attempt to end birthright citizenship, challenges to deportation protections for Haitians and Syrians, and disputes involving late-arriving mail-in ballots. These decisions are anticipated by late June or early July.
Why it matters
The decision by Justices Alito and Thomas to remain on the Supreme Court in 2026 affects the composition and ideological balance of the Court, ensuring stability in the conservative majority. It also curtails President Trump’s ability to influence the Court’s makeup through new nominations during this election year.
Background
Justices Alito and Thomas have played influential roles on the Supreme Court for years. Alito was appointed by President George W. Bush in 2006, and Thomas was appointed by President George H.W. Bush in 1991. Speculation on retirements often surfaces in politically charged years given the impact new appointments can have on the Court’s judicial direction.
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