Supreme Court Justice Samuel Alito said the decision on when to leave the bench is his to make, declining to commit to a retirement timeline even as conservative allies press for a swift departure while Republicans control the White House and Senate.
Alito, 75, has served on the court since 2006, when President George W. Bush appointed him to replace Sandra Day O'Connor. He is the second-oldest sitting justice, behind Clarence Thomas, who turned 77 in June.
The retirement question has taken on urgency for conservatives who watched Justice Ruth Bader Ginsburg remain on the bench until her death in September 2020, at age 87, allowing President Donald Trump to fill her seat with Amy Coney Barrett just weeks before the election. That episode reshaped the court's 6-3 conservative majority and became a cautionary tale for activists on both sides.
Pressure on Alito intensified after news reports in 2023 and 2024 detailed undisclosed luxury trips and financial arrangements involving Republican donor Paul Singer and other wealthy benefactors. The Senate Judiciary Committee investigated the trips, and the court adopted its first-ever ethics code in November 2023, though the policy lacks an enforcement mechanism.
Alito has rejected calls to recuse himself from cases tied to the Jan. 6, 2021, Capitol attack after The New York Times reported in May 2024 that an upside-down American flag flew at his Virginia home days after the riot, and that an "Appeal to Heaven" flag flew at his New Jersey beach house. Alito told lawmakers the flags were flown by his wife, Martha-Ann, and that he had no involvement in the displays.
Democrats have pushed back on the idea of an Alito retirement, warning that confirming another Trump appointee would lock in a conservative majority for a generation. If Alito left and Trump named a replacement, the court would still hold six Republican-appointed justices, but a younger nominee could serve for 30 years or more.
The court's current term, which began in October, includes cases on gun regulations, environmental rules, and executive branch authority — issues where Alito has been a reliable vote for the conservative bloc. He has authored major opinions overturning Roe v. Wade in 2022 and expanding presidential immunity in 2024.
Alito has not indicated he plans to step down before the term ends next summer. Justices typically announce retirements in the spring or early summer to allow a confirmation process before the next term begins in October.
