ALITO WEIGHED WALKING AWAY: Supreme Court Justice Says He Considered Retirement — and Will Revisit Decision Every Term
Supreme Court Justice Samuel Alito has revealed that he seriously considered retiring at the conclusion of the Court’s last term before ultimately deciding to remain on the bench, saying at age 76 he believes he can still make a meaningful contribution to the Supreme Court and the country.
Alito, one of the Court’s most influential conservative justices, said in a rare interview with CBS News chief legal correspondent Jan Crawford that retirement is now something he expects to reconsider at the end of every Supreme Court term.
His comments address months of speculation over whether he might step aside while President Trump is in the White House and Republicans control the Senate, giving Trump an opportunity to nominate a substantially younger conservative to Alito’s seat.
“I thought about it,” Alito told Crawford when asked whether he had considered retiring.
“Well, it’s something I think that somebody at my age has to think about every term,” he explained. “But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place. So that was basically it.”
Asked whether that means he intends to reconsider retirement each year, Alito answered, “Yeah, I think I have to.”
Alito’s decision means that, at least for the new Supreme Court term, the nine-member Court will retain its current composition and its 6-3 conservative majority.
The retirement question carries enormous political consequences because Supreme Court justices serve lifetime appointments. If Alito were to retire while Trump remains president and Republicans retain sufficient control of the Senate to confirm a nominee, Trump would have an opportunity to select Alito’s successor.
Trump has already appointed three members of the current Court — Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. An Alito vacancy would therefore give him an opportunity to appoint a fourth justice.
Trump said earlier this year that he was prepared for the possibility of Supreme Court vacancies and specifically praised Alito as “one of the greatest of all time,” while expressing interest in finding a younger jurist with a similar judicial philosophy.
Alito, however, said the political identity of a possible successor was not what ultimately governed his decision to remain.
“I think it’s too hard to predict,” he said. “It’s too hard to predict how for anybody, and particularly when you reach a certain age, what your situation will be a year from now, two years from now and so forth.”
“And it’s too hard to predict what the political situation will be and what any president might do with respect to a replacement,” he added.
The issue has drawn comparisons to the late Justice Ruth Bader Ginsburg, who resisted calls from some liberals to retire while President Barack Obama was in office. Ginsburg remained on the Court until her death in September 2020 at age 87, allowing Trump to nominate Barrett to replace her shortly before that year’s presidential election.
Asked whether remaining on the bench could create a similar risk from the perspective of those who want Alito’s judicial philosophy preserved on the Court, Alito rejected the idea that anyone could reliably plan years ahead for the political and personal circumstances surrounding a future vacancy.
Alito said his primary consideration was instead whether he still had something worthwhile to contribute to the institution he joined two decades ago.
“I think I can still make a contribution,” he said. “And it’s hard to give up the opportunity to do something that I think will be good for the Constitution and good for the country as long as I’m able to do it.”
Alito was nominated to the Supreme Court by President George W. Bush in 2005 and confirmed by the Senate in January 2006, succeeding Justice Sandra Day O’Connor. Before joining the nation’s highest court, he served for approximately 15 years on the U.S. Court of Appeals for the Third Circuit.
Now 76, Alito is the Court’s second-oldest justice. Justice Clarence Thomas, 78, is the oldest and longest-serving current member of the Court, having joined it in 1991.
Together, Thomas and Alito have become central figures in the Court’s conservative majority, though their approaches and areas of emphasis sometimes differ. Alito has been particularly influential in cases involving religious liberty, abortion, voting law and constitutional interpretation.
His most consequential majority opinion came in 2022 in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and ended the recognition of a federal constitutional right to abortion, returning authority over abortion law primarily to elected lawmakers at the state and federal levels.
In his new CBS interview, Alito also reflected more broadly on what he believes the Court has accomplished during his tenure.
“We have stood up for freedom of speech, which is endangered. We have done a lot to protect religious liberty,” Alito said.
“We have vindicated the principle that the laws should be applied equally to everybody, regardless of race or ethnic background,” he continued. “We have tried to restore the original structure of the government as it was set out in the Constitution — but that’s an ongoing project.”
Alito’s description reflects his own view of the Court’s work. Critics of the conservative majority strongly dispute that assessment and argue that a series of its decisions have weakened protections involving abortion, voting rights and other areas. Alito has consistently defended his approach as an effort to apply the Constitution according to its original meaning rather than reach preferred political outcomes.
“I have a theory about how the Constitution should be interpreted. I believe it has a fixed meaning. And it still means today what it was understood to mean when it was adopted. And I will not depart from that,” Alito said. “But it is not necessary in every case to go as far as one might want to go if you were just writing the opinion for yourself.”
Alito’s retirement deliberations come four years after Justice Stephen Breyer became the most recent member of the Supreme Court to leave the bench. Breyer retired on June 30, 2022, after nearly 28 years as a justice.
Breyer had faced sustained calls from liberal activists and Democratic lawmakers to retire while President Joe Biden was in office and Democrats controlled the Senate, allowing them to ensure that his seat would be filled by a liberal successor.
Biden nominated Ketanji Brown Jackson, who had previously clerked for Breyer, to fill the vacancy. The Senate confirmed her, and Breyer himself administered her judicial oath on the day his retirement took effect.
Despite sitting on opposite sides of many of the Court’s most significant cases, Alito revealed in the CBS interview that he and Breyer developed a close friendship during their years together on the bench.
“He is a brilliant man and very erudite. But he wears his erudition lightly, and doesn’t take himself too seriously. I do miss him. He lit up lunch time, every time we had lunch,” Alito said. “And he would pop in here to talk about all kinds of things. He would pop in here to talk about cases. But he would also come in to talk about whatever he happened to be interested in at the time, literature or music or things that were going on in the world. And it was delightful.”
Breyer, in turn, described Alito as “a good friend” and said that despite their frequent disagreements over cases, he was “always interested in what he thinks.”
“Our relationship is a good example of a simple fact that I have noticed here at the Court over the years,” Breyer said. “We can be personal friends without always agreeing about legal results.”
Alito said Breyer’s willingness to maintain those relationships across ideological lines provided an example that other justices could follow.
“Steve reached out to everybody. He was very outgoing and charming and gregarious,” Alito said. “His personality is a lot different from mine. But I should probably do more along the lines of what he did. And probably we all can take more of a lesson from him.”
The latest retirement discussion follows an unusual episode at the end of the Court’s previous term, when NPR mistakenly reported on June 30 that Alito had announced his retirement.
The report briefly appeared publicly before NPR withdrew it and acknowledged that no such announcement had been made. Veteran NPR legal affairs correspondent Nina Totenberg subsequently called the erroneous report “the worst professional mistake of my more than 50 years in journalism” and sent Alito a personal apology.
Alito then addressed the continuing speculation more directly in an August interview with The Wall Street Journal.
“Obviously I’m here for another term,” he said at the time.
The new CBS interview provides the fuller explanation: Alito had, in fact, considered leaving. He simply decided that this was not yet the time.
The justice is also stepping further into public view with the release of his first book, “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country,” a collection of speeches and reflections outlining his approach to constitutional interpretation and his concerns about the country’s legal and civic institutions.
In discussing his background, Alito described the influence of his Italian immigrant family and the values with which he was raised. His father’s birth record from Italy, presented to him by the Italian Embassy after his Supreme Court confirmation, remains one of his most treasured possessions.
“It’s very moving for me,” Alito said. “Neither of these two people who walked to town could read or write … so the official had to do it. So it’s (a) meaningful document for me.”
Alito said his parents and grandparents deeply believed in the possibilities offered by the United States.
“They really did believe in the American dream, and they believed in the fundamental values that underlie our country … the view that’s expressed in the Declaration of Independence that all people are created equal and that they’re endowed by their creator with certain inalienable rights,” Alito said. “That’s how I was raised.
“But it’s not just how I was raised,” he continued. “It’s what I believe, and what I believed after a lifetime of education and experience. I still believe in all of that.”
Looking at the arc from his immigrant family’s beginnings to his own seat on the nation’s highest court, Alito described it simply.
“It is the American dream,” Alito said. “And it’s been a dream that’s been realized by generation after generation.”
{Matzav.com}
