The election of Donald Trump has ignited debates on whether the Supreme Court’s senior justices should consider retiring, a topic that has stirred both conservatives and liberals.
With the potential for Trump to appoint replacements, speculation has centered around two of the court’s prominent conservative justices, Clarence Thomas, 76, and Samuel Alito, 74, possibly stepping down.
While the newly Republican-controlled Senate could easily confirm Trump’s nominees, this speculation has drawn criticism from influential conservative figures, who have labeled the discussions as “crass.”
Conservative voices weigh in on Trump’s opportunity to appoint new Supreme Court justices
Some Democrats, meanwhile, are growing anxious about the court potentially shifting to a 7-2 conservative majority as President Biden’s term nears its end, especially with no sign that the court’s most senior liberal, Justice Sonia Sotomayor, 70, is planning to retire.
Trump’s first term reshaped the Supreme Court with three of his appointments, resulting in conservative victories, including the overturning of constitutional abortion protections, limiting the power of federal agencies, and expanding gun rights. In a potential second term, Trump could achieve the rare milestone of appointing a majority of justices, if Thomas and Alito indeed retire.
Kimberly Hermann, executive director of the conservative Southeastern Legal Foundation, stated that younger originalist judges who respect the Constitution’s structural constraints would likely follow Trump’s appointments. Ed Whelan, a conservative commentator, echoed this sentiment, forecasting retirements for Thomas and Alito in the coming years.
Mike Davis, a staunch supporter of Trump, publicly predicted Alito’s retirement and implied Thomas might follow suit. However, not all conservatives agree with this view.
Leonard Leo, a prominent judicial activist, criticized the talk of Thomas and Alito’s retirement, calling it disrespectful and crass. He emphasized the dedicated service of these justices, who deserve more dignity and respect.
Justice Thomas, appointed by George H. W. Bush, holds the longest tenure of any current justice. Alito, appointed by George W. Bush in 2006, has served on the court for a shorter but serious period.
Despite speculation, it’s uncertain whether Thomas, Alito, or even Sotomayor will retire during Trump’s time in office, as they will still be younger than previous justices who remained on the bench into their 80s, such as Breyer, Ginsburg, and Kennedy.
Hermann acknowledged the unpredictability of Supreme Court retirements, noting that Democrats continue to reflect on Ginsburg’s decision not to step down during Obama’s presidency. Ginsburg’s passing allowed Trump to appoint Amy Coney Barrett, solidifying a 6-3 conservative majority.
Breyer’s retirement, influenced by the political environment, was part of his reasoning for stepping down. He expressed concerns over political delays and the potential impact on his legacy, preferring to avoid political entanglements.
Before the election, there had been occasional calls for Sotomayor’s retirement from certain public figures, but Democratic leaders defended her decision to remain on the bench.
Sotomayor, who has been open about her struggles with type 1 diabetes, faced concerns regarding her health, especially after documents revealed she has traveled with a medic. Her health also made headlines due to conflicts over mask-wearing protocols during in-person operations, though she stopped wearing a mask months ago.
Despite the speculations, there is no indication that Sotomayor intends to retire, and reports suggest she plans to stay in her role.
Thomas, Alito, and Sotomayor did not respond to requests for comment regarding their future plans. Sen. Bernie Sanders dismissed the idea of Sotomayor retiring soon, calling it an impractical approach.
