REPORT: Justices Alito and Thomas Reject Retirement Talk Post-Midterms

With Democrats having won control of the Senate, President Trump has little time left to fill any potential Supreme Court vacancy with another conservative nominee during his term.

Since the blue tsunami on Tuesday night, speculation has grown about whether Supreme Court Justice Samuel Alito or Clarence Thomas will step down to let President Trump confirm a successor before Democrats take over.

Once Democrats officially take control of the Senate in January, the window for President Trump to get a new Supreme Court justice confirmed will essentially close.

While he can still nominate a new justice if a vacancy opens up, the chances of his pick actually getting confirmed by a Democrat-led Senate drop drastically.

Because of this, many folks are calling on Alito or Thomas — who are both in their late 70s — to consider stepping down.

However, we just got a clear indication that neither conservative justice will be retiring any time soon.

CBS News reporter Jennifer Jacobs reported that the Democrats’ midterm sweep has had no impact on either justice’s thinking and that they have no plans to retire:

Despite the speculation, US Supreme Court Justices Thomas, 78, and Alito, 76, are not retiring. The results of the midterms — with Democrats soon taking the Senate majority, leaving just a short window for the GOP to confirm a potential Trump nominee — had no bearing on their…

— Jennifer Jacobs (@JenniferJJacobs) November 5, 2026

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Samuel Alito also released a statement on Thursday confirming that he will not retire before the current term is over.

Per Fox News:

Supreme Court Justice Samuel Alito confirmed to Fox News that he has no plans to retire and is committed through at least the current term, which is set to end in late June.

Alito made the statement Thursday amid speculation about the future of the Supreme Court after a disastrous GOP performance in the midterm elections.

When the new congressional term begins in January, Democrats will be in firm control of the Senate, with predictions, including from Florida Gov. Ron DeSantis, that this will not change for at least six years. That would make it extremely difficult, if not impossible, for President Donald Trump to fill any potential vacancy with a conservative after this year.

After Justice Clarence Thomas, 78, Alito is the oldest member of the Supreme Court at 76 years old.

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Hopefully, we will not lose Alito or Thomas any time soon.

They are two of the biggest patriots in our country and will go down in history as some of the greatest SCOTUS justices.

But, realistically, they are both getting up there in age. We will have to pray that neither justice’s health takes a turn for the worse before 2028.

Eric Daugherty on X shared some insight:

BREAKING: Supreme Court Justices Sam Alito and Clarence Thomas are NOT retiring immediately after Democrats win the Senate — CBS

Alito himself said before the election he's sticking around for the coming term regardless.

Their minds on retirement have not changed, per CBS… pic.twitter.com/0IAxmfVKFj

— Eric Daugherty (@EricLDaugh) November 5, 2026

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BREAKING: Supreme Court Justices Sam Alito and Clarence Thomas are NOT retiring immediately after Democrats win the Senate — CBS

Alito himself said before the election he’s sticking around for the coming term regardless.

Their minds on retirement have not changed, per CBS

The best we can hope for is their good health, continued patriot rulings and a BIG comeback in 2028, then

The best the current Senate GOP can do is fill EVERY federal judicial vacancy over the next 60 days. Start now!

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What do you think?

Is it the right move for Justices Alito and Thomas to remain on the Supreme Court?

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[ H/T WLT Report ]