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Alito and Thomas to Stay on Bench This Year, Easing Midterm Vacancy Pressure

The move takes a high-stakes confirmation battle off the 2026 calendar.

Overview

  • Reports first published Friday by Fox News and later echoed by ABC and CBS said Justices Samuel Alito and Clarence Thomas do not plan to retire this year.
  • Alito has hired all four law clerks for the next term, which undercuts months of retirement talk tied to a March dehydration scare and an October book release.
  • Sources told ABC that Alito, 76, intends to keep serving into at least 2027, while sources close to Thomas, 77, said he plans to remain on the court.
  • The news lifts the threat of a pre-midterm confirmation fight that would have squeezed the Senate’s schedule, even as GOP leaders said this week they were ready to move fast if a seat opened.
  • President Trump said this week he is prepared to nominate up to three justices if vacancies arise, yet the court’s 6–3 conservative majority remains unchanged with both justices staying.