Supreme Court Justices Alito, Thomas not expected to retire this year: Sources

Alito intends to continue serving into at least 2027, sources said.

April 17, 2026, 8:50 PM

Supreme Court Justice Samuel Alito, the subject of intensifying speculation about a potential retirement before the midterm elections, is not expected to leave the bench this year, sources close to the justice have told ABC News.

Alito, 76, has been hiring clerks for next term and intends to continue serving into at least 2027, the sources who have spoken to Alito told ABC.

Fox News first reported the justice's intentions.

Alito has remained an active and engaged participant in the court's work, even after he was briefly hospitalized earlier this year for a health scare of undisclosed origin.

PHOTO: FILE PHOTO: Inauguration ceremony for Trump's second presidential term
FILE PHOTO: U.S. Supreme Court Associate Justices Samuel Alito (L) and Clarence Thomas wait for their opportunity to leave the stage at the conclusion of the inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20, 2025 in Washington, DC. Donald Trump took the oath of office for his second term as the 47th president of the United States.
Chip Somodevilla/via Reuters

The staunch conservative, arguably best known for authoring the landmark 2022 opinion overturning Roe v. Wade, had been widely rumored to be contemplating retirement given his age and the likelihood he could easily be replaced by a jurist of similar judicial philosophy given the Trump presidency and Republican control of the Senate.

Alito's apparent decision to remain -- which could change at any time -- takes off the table a high-stakes, high-profile confirmation battle on the eve of the midterm elections.

The court's most senior member -- 77-year-old conservative Justice Clarence Thomas -- is also expected to remain on the bench, sources have told ABC.

Thomas continues to love the work, sources close to him have said, and in the next few years will eclipse the record for longest-serving justice in American history.

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