Two of the Supreme Court’s oldest conservative heavyweights are staying put—at least for now—despite intensifying pressure from Republicans who would prefer they step aside while the party still controls the Senate.
Sources close to Samuel Alito and Clarence Thomas say neither justice is planning to retire this year, cooling speculation that President Donald Trump could soon lock in another Supreme Court pick, CBS News reports.
Trump made it clear he was ready to move quickly if a vacancy opened up in a recent Fox Business interview, telling host Maria Bartiromo that he might name “two, could be three” justices.
But without a vacancy, that plan goes nowhere.
Alito, 76, and Thomas, 77, are central pillars of the court’s 6-3 conservative majority, and are among the most reliable allies of the Trump administration.
Both have served for decades—Thomas was appointed by George H.W. Bush in 1991, while Alito was tapped by George W. Bush in 2006—and neither appears inclined to time their exit around Trump’s political convenience, but speculation is mounting as Republicans weigh the risks of losing the Senate before a successor can be confirmed.
It’s a calculation Trump has been openly pushing.
“You reach a certain age and you give up your seat if you have the president… so that your ideology, your policies, your everything would be of the kind that we like,” he said.
Trump has already left a lasting imprint on the court by appointing Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett during his first term, which cemented a 6–3 conservative majority.
That impact has already been felt in a series of landmark rulings, including Dobbs v. Jackson Women’s Health Organization, which overturned federal abortion protections; Trump v. United States, which expanded presidential immunity from prosecution; and West Virginia v. EPA, which sharply curtailed the authority of federal government agencies to tackle climate change.
And the court isn’t done yet. A fresh slate of rulings is expected by July, including cases tied to Trump’s push to end birthright citizenship, strip deportation protections for Haitian and Syrian migrants, and invalidate late-arriving mail-in ballots.
With the 2026 midterms looming, any shift in Senate control could instantly turn a future Supreme Court vacancy into a political long shot or block it entirely.
That potential reality is already shaping Republican strategy with Senate Judiciary Committee Chair Chuck Grassley openly declaring that the chamber is “fully prepared” to move quickly on a nominee, while GOP leadership has signaled it would fast-track any confirmation.
For now, though, that window remains closed, leaving Trump waiting on two justices who show little desire to step aside.
