Justice Samuel Alito says he considers retirement each year

US Supreme Court Justice Samuel Alito, 76, said in an interview reported on 4 October that he now considers retirement each year, having decided at the end of the court’s term in June to remain because he believed he could continue contributing to the nine-member court.¹²

An annual decision

Asked whether he had contemplated stepping down, Alito said, “I think I have to”, citing his age. He said he had considered retirement when the Supreme Court term concluded in June but remained after deciding, “I thought I could still make a valuable contribution.” The remarks appeared in an interview conducted by CBS national correspondent Jan Crawford, a preview of which was circulated by CBS News.¹

Alito secured his appointment to the Supreme Court in 2006 during George W Bush’s presidency. He did not set a timetable for leaving, saying the decision was difficult to forecast. The comments establish that retirement is under regular consideration but do not confirm that he has decided to step down.¹

Potential change at the court

The Guardian reported that Alito’s departure could allow Donald Trump to select a fourth Supreme Court justice. The newspaper reported that during his first term, Trump chose Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh for the Supreme Court. CNBC framed Alito’s remarks around the uncertainty over control of the US Senate, which has a role in confirming a replacement.¹²

The Guardian also identified Justice Clarence Thomas, 78, as another possible retiree while Trump is in office. Alito, Thomas and Chief Justice John Roberts are described by the newspaper as members of the court’s conservative majority. Neither Alito nor Thomas has announced a retirement date.¹

Health, security and criticism

In March, Alito became ill while attending a Federalist Society dinner in Philadelphia and was taken to hospital. A Supreme Court spokesperson said he was treated for dehydration, returned to his home in Virginia that night and was back at work by 23 March.¹

The Guardian reported that Alito wrote the court’s 2022 majority opinion overturning the federal abortion right established by Roe v Wade. The newspaper cited Pew Research Center polling indicating that nearly six in 10 Americans disapproved of that outcome. Alito said the threats and harassment that followed the opinion were disturbing and posed dangers to courts and public figures.¹

According to The Guardian, Barrett and Justice Elena Kagan testified before the US House in July in support of stronger Supreme Court security. The newspaper also reported that a man described as a would-be assassin was arrested near Kavanaugh’s home in 2022 carrying weapons and zip ties.¹

The court and politics

Alito said severe criticism of the court from both Trump and Joe Biden could be damaging. Defending the institution’s role, he said, “We are not part of any political movement” and added that the justices were not trying to advance a political agenda. He said that in disputed cases, one side was likely to object strongly to the result.¹

The Guardian said that in September Alito withdrew from an important case involving climate change as questions were raised about his investments in oil companies. Alito’s memoir, titled So Ordered: An Originalist’s View of the Constitution, the Court and Our Country, was due to be published on the Tuesday after reports about his interview.¹