ADVERTISEMENT
Senate Republicans might be hesitant to hold a confirmation hearing during the fall of an election year. Therefore, Alito could announce in the coming weeks that he plans to step down at the end of the term, as suggested by Strict Scrutiny co-host Kate Shaw.
Also, Alito has a book coming out in October, as the court begins a new term, USA Today added.
Steve Vladeck, a law professor at Georgetown University who writes about the high court on Substack, called the publication date “a pretty big tell since one can’t exactly go on a book tour during the first argument session of the term.”
Recently, Justices Ketanji Brown Jackson and Amy Coney Barrett published their books in September, providing them with the opportunity to promote their work before the start of a new term.
However, court watcher and lawyer David Lat, who writes about legal issues, has speculated that the October publication date of Justice Samuel Alito’s book might indicate that he plans to remain on the Court.
“Book buyers are much more interested in what a current justice has to say, as opposed to a retired one,” Lat wrote on Substack. “I could see Justice Alito not wanting to step down until well after publication.”
In a recent evaluation of the likelihood of a Supreme Court vacancy, Washington consultant Bruce Mehlman pointed out that all of the current justices are significantly younger than the average retirement age of 79 for those who have left the Court in recent years. As an aside, Alito will turn 76 in April.
President Trump has previously expressed his desire for Alito and fellow conservative justice Clarence Thomas to remain on the bench, telling reporters that he hopes both justices stay because he considers them “fantastic,” although he also acknowledged broader speculation about possible retirements.
The Supreme Court is currently hearing a range of high-profile cases in its 2025–26 term, including questions related to federal agency authority, immigration policy, and constitutional interpretation. Any change in the Court’s makeup could influence how those and future decisions are decided.
ADVERTISEMENT
