Supreme Court Justice Samuel Alito, 76, said he considered retiring this year, but that he would be serving another term despite Republicans‘ control of the Senate making for a smoother path to confirming a conservative replacement.
Rumors had swirled in August after NPR published and then retracted an article claiming that Alito would be retiring at the conclusion of the court’s 2025-26 term. The conservative justice told CBS News that retirement was on the table this year, but decided to stay and revisit the possibility next year.
“It’s something I think that somebody at my age has to think about every term,” Alito said. “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.”
As for thinking about retiring, Alito said it’s something he considers every year, saying, “I think I have to.”
If Alito were to have stepped down this year, President Donald Trump would have had the opportunity to nominate a conservative justice. The Republican majority in the Senate would have given the nominee a clear numerical path to confirmation.
With the possibility of Democrats taking control of the Senate, a replacement nominee as conservative as Alito could face resistance in the future, leaving the landmark cases he has authored vulnerable. Alito, who was appointed by former President George W. Bush, said he recognizes that a possible replacement could undo his work on the high court, but acknowledged there is no perfect time to step down.
“It’s too hard to predict how for anybody, and particularly when you reach a certain age, what your situation will be a year from now, two years from now, and so forth,” he said. “It’s too hard to predict what the political situation will be and what any president might do with respect to a replacement.”
A similar dynamic played out with late Justice Ruth Bader Ginsburg, who remained on the Supreme Court through the Obama administration despite calls for her retirement while a Democratic president could nominate her successor. Ginsburg died in September 2020 at age 87, leaving Trump an opening to replace one of the court’s leading liberal voices.
Following Ginsburg’s death, Amy Coney Barrett was nominated and confirmed, giving the court an expanded conservative majority.
Alito also touched on the courage it took to preside over certain cases, saying the landmark 2022 Dobbs v. Jackson Women’s Health Organization he authored is the “leading example.” The case overturned Roe v. Wade and returned abortion decisions to the states.
“I think that required courage by all of the justices in the majority,” he said. “We didn’t know when we produced the draft that was leaked, but it required courage to go ahead with that because of the implications.”
SAMUEL ALITO RECUSES HIMSELF FROM MAJOR SUPREME COURT CLIMATE CHANGE CASE
Alito said friendships have ended over decisions made while on the high court, noting that Dobbs in particular was a decision that cost him companions. He also explained that he recognizes the dangers and violence that can stem from certain decisions.
“It’s part of the job that you’re going to displease people by making decisions on controversial matters because one side or the other is going to really dislike you because of the decisions,” he said. “The physical threats, and the horrors, the harassment represent something new in our society, and something that’s quite disturbing.”
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[ H/T Washington Examiner ]
