Justice Alito Confirms He Is Considering Retirement

What happened

Supreme Court Justice Samuel Alito has confirmed that he is considering retirement. In excerpts of a CBS News interview released Friday, the 76-year-old said he thought about retiring this year and will do so again in 2027.

His comments leave open the possibility that he could leave after next year’s term and hand another nomination to President Donald Trump. Alito said that somebody at his age has to think about it every term, but that he felt he could still make a valuable contribution, which is why he became a justice and a judge in the first place.

The interview is the first in a number of expected appearances to coincide with the release of a book about Alito’s judicial philosophy. The full interview is scheduled to air Monday.

Trump has already appointed Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Another vacancy would give him a fourth pick, though that could be harder to get through the Senate if Democrats win control in the midterm elections.

Newstro reports facts and attributes every statement. Photos marked “file photo” are not from the events described.

The Newstro report

Read the transcript click a paragraph to jump to it in the video

Retirement timeline

He told CBS News that he considered retirement this year but concluded he could still make a valuable contribution.
The excerpts confirm he is considering retirement. The interview is the first in a number of expected appearances tied to a new book on his judicial philosophy.
The full CBS News interview is scheduled to air Monday.
Alito said he will consider retirement again in 2027, leaving open the possibility that he could leave after next year’s term.

Could Trump name a fourth justice?

Trump’s judicial picks shifted the Supreme Court to the right. An Alito retirement would open a fourth seat for him to fill.

Official portrait of Justice Neil Gorsuch — Neil Gorsuch

Official portrait of Justice Brett Kavanaugh — Brett Kavanaugh

Official portrait of Justice Amy Coney Barrett — Amy Coney Barrett

A fourth nominee

Official 2025 portrait of President Donald Trump

Trump’s regret

In a recent interview, the president expressed regret about several nominees who ruled against his administration on some issues.

The Senate question

He would have a harder time getting a fourth pick through the Senate if Democrats win control in the midterm elections.

In his words

Somebody at my age has to think about every term.
On retirement

It’s too hard to predict what the political situation will be.
On the timing of a replacement

That’s something you have to live with.
On lost friendships after the Roe ruling

Paraphrased and shortened from the CBS News interview excerpts as reported by Yahoo News. The full interview airs Monday.

Crowd outside the U.S. Supreme Court on June 24, 2022

SUPREME COURT, JUNE 24, 2022 (FILE PHOTO)

Defending the Roe ruling

Alito defended his majority opinion in June 2022 that struck down Roe v. Wade and overturned the constitutional protections for abortion that had prevailed for decades.

The decision closely matched a draft that leaked a month earlier. He said that, when the draft was produced, going ahead required courage because of the implications.

He said the decision cost him old friendships. Part of the job, he said, is that you will displease people by deciding controversial matters.

June 2022Ruling struck down Roe v. Wade

1 monthEarlier: the draft leaked

Sources and credits

Reporting

Yahoo News — “Justice Alito confirms he is considering retirement” (Ashley Ahn, Oct. 2, 2026).

Photos (Wikimedia Commons)

Samuel Alito — Collection of the Supreme Court of the United States (public domain)
Donald Trump — Daniel Torok / White House (public domain)
Neil Gorsuch — Franz Jantzen (public domain)
Brett Kavanaugh — Supreme Court of the United States (public domain)
Amy Coney Barrett — Fred Schilling (public domain)
Supreme Court, June 24, 2022 — Ted Eytan (CC BY-SA 2.0)
U.S. Capitol at dusk — Martin Falbisoner (CC BY-SA 3.0)

Graphics and layout: Newstro. The Roe ruling and Capitol photos are file images from other dates and events.

Justice Alito Confirms He Is Considering RetirementJustice Alito confirmshe is consideringretirement