Samuel Alito says retirement is now a decision he considers every Supreme Court term

Alito’s remarks come as Republicans control the White House and Senate, raising questions about who could eventually replace him.

Supreme Court Justice Samuel Alito says he considered retirement after the court’s previous term but chose to remain on the bench, saying he still believes he can make a meaningful contribution. Alito’s retirement discussion comes as his record includes rulings involving Black voters and Black women, including this year’s Louisiana v. Callais decision and the 2022 Dobbs ruling that ended the federal constitutional right to abortion.

Alito, 76, told CBS News that retirement is something he now has to consider every term. He said he thought about stepping down after the previous term but decided against it.

CNBC reported that the timing has drawn attention because Republicans currently control the White House and Senate, meaning President Donald Trump could nominate a successor while his party controls the Senate confirmation process if a vacancy opens before the midterm elections.

Alito said political calculations did not determine his decision. In the full CBS interview airing Monday, Oct. 5, he said it is too difficult to predict what the political situation will be or whom a president might choose as a replacement.

The justice joined the Supreme Court in 2006 after being nominated by President George W. Bush. He is the court’s second-oldest member behind Justice Clarence Thomas, 78.

Alito is part of the court’s 6-3 conservative majority. He wrote the majority opinion in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, and this year wrote the court’s decision in Louisiana v. Callais.

In Callais, the court held that Section 2 of the Voting Rights Act did not require Louisiana to create an additional majority-minority district and that no compelling interest justified the state’s use of race in the challenged map.

Alito retirement plans remain unspecified beyond the current term. He said he expects to reconsider retirement each year rather than commit to a specific departure date.

For now, Alito remains on the bench as the Supreme Court begins its 2026 term.