Alito plans to stay on Supreme Court through term, even if Democrats win Senate

Supreme Court Justice Samuel Alito plans to remain on the court through at least next summer, even if Democrats regain majority control of the Senate from Republicans in November's midterm election, according to a Bloomberg report cited by CNBC. "I intend to stick around through this term," Alito told Bloomberg, referring to the court's current term, which began on Monday, 5 October, and ends in late June or early July. He said, "I made that decision many months ago."

Bloomberg reported that Alito, 76, has ruled out retiring during the brief lame-duck session after the election, when Republicans would still hold their Senate majority through early January even if they lose control for the next Congress. A lame-duck session is the period after an election when the outgoing Congress is still in office. CNBC reported that if Democrats are the majority in the next Congress, they may block any Supreme Court nominee of President Donald Trump, a Republican.

Bloomberg reported that Alito acknowledged in the interview that the idea of retiring had crossed his mind. He also said, "I don't feel mentally or physically decrepit," according to the outlet. In an interview with CBS News, Alito said he considered retiring this year, telling CBS, "It's something I think that somebody at my age has to think about every term."

Alito was nominated to the Supreme Court in 2005 by then-President George W. Bush, a Republican. He is one of six conservative justices on the nine-member court. Three of the other conservatives — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — were nominated by Trump. Alito's first book, "So Ordered: An Originalist's View of the Constitution, the Court and Our Country," has just been published.

According to CNBC, Senate Democrats are still stung by then-Senate Majority Leader Mitch McConnell blocking the Senate from considering then-President Barack Obama's nomination of Merrick Garland to the Supreme Court in 2016. McConnell claimed the block was because there was not enough time to consider the nomination, which was made in March. CNBC reported that the block opened the way for Trump to appoint Gorsuch after he became president.

After the death of liberal Justice Ruth Bader Ginsburg in September 2020, McConnell also orchestrated the swift confirmation of Amy Coney Barrett shortly before that year's presidential election, according to CNBC. The election ended with Trump's defeat, and President Joe Biden, a Democrat, took office in early 2021.