Justice Alito Says He Will Not Retire If Democrats Win Senate

Supreme Court Associate Justice Samuel Alito stated he will not step down if Democrats take back the Senate in next month's midterm elections, dismissing speculation that he might retire to ensure President Donald Trump could get a successor confirmed.

Alito's remarks were made in a Bloomberg Law interview published on October 7. On the same day, Alito's new book, "So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country," a collection of 19 speeches delivered between 2007 and 2025, was published. In his book, Alito reflects on various subjects, including his judicial philosophy and the Supreme Court's current challenges.

He addresses the rise of emergency appeals, stating the Supreme Court cannot stem this increase. Alito also voiced concern over President Trump's rhetoric, saying he is not pleased with it. The Justice focuses on the 2015 ruling in Obergefell v. Hodges, which legalized marriage equality nationwide, portraying it as perhaps the decisive point in America’s turn against religious liberty.

He expressed worry that equating certain views with bigotry could push believers out of public life. Alito, who is 76 years old, has been the subject of retirement speculation, particularly concerning the political implications of a potential vacancy. The Supreme Court heard oral argument on October 7 in Anderson v. Intel Corporation Investment Policy Committee, a dispute under the Employee Retirement Income Security Act. On September 28, the Trump administration brought a dispute over the Federal Bureau of Prison’s policy on healthcare and accommodations for transgender inmates to the interim docket.