In June, on the last day of opinion releases for the term, NPR published a story claiming that Justice Samuel Alito was stepping down. The report was false, and it lasted roughly ten minutes before it vanished. Then, in August, Alito put weeks of speculation to rest himself. "Obviously I'm here for another term," he told The Wall Street Journal.
Social media lit up Friday with claims that Justice Alito had announced plans to retire next year, after CBS News released excerpts of a new interview with him.
Those rumors were somewhat overblown. Alito announced nothing of the sort. He did admit that stepping down has crossed his mind. CBS News’ national and legal correspondent Jan Crawford asked him why he chose to stay on the bench this year, despite pressure from Republicans who wanted a replacement confirmed while the GOP runs the Senate.
"I thought about it and I will continue," Alito told CBS News.
Crawford followed up, asking if he had really considered it. "Well, it's something I think that somebody at my age has to think about every term," he said. "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."
Crawford then asked whether he would revisit the decision every year. "Yeah, I think I have to," Alito replied. That's a long way from a retirement announcement.
The full interview will air on Monday.
Speculation about Supreme Court retirements has swirled for months, and it has always centered on two men. Alito is the second-oldest justice on the Court. President George W. Bush appointed him in 2006, and he has been a reliable conservative vote ever since. Clarence Thomas, the oldest justice, joined the Court in 1991 as a George H.W. Bush appointee, and is one of the most influential conservative voices in the Court's history. Conservatives love them both and don’t want either gone, but given their advanced ages, there was also a desire to give President Donald Trump at least one vacancy he could fill with a younger originalist while Republicans still hold the Senate.
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Let's be honest, here. Nobody on the right wants to relive the Ruth Bader Ginsburg story from the other side. Ginsburg infamously stayed on the Court through Barack Obama's presidency, despite her age and declining health, then died a few weeks before the 2020 election. Trump quickly nominated Amy Coney Barrett, the Senate confirmed her, and the left was infuriated.
Crawford put that very scenario to Alito, asking why staying doesn't risk undoing his work the way it did for Ginsburg. "It's too hard to predict what the political situation will be and what any president might do with respect to a replacement," Alito said.
Supreme Court Justice Samuel Alito told CBS News' @JanCBS that he decided to remain on the court after considering whether he could still make a “valuable contribution.” The 76-year-old said he expects to reconsider his decision each year. pic.twitter.com/siSHKoQr49
— CBS News (@CBSNews) October 2, 2026
He's right that nobody can predict the future, but that's the whole problem. If the Senate flips, I’d expect Democrats to block any replacement until after the 2028 election. And nobody knows who wins the White House in 2028.
Make no mistake about it, the stakes are enormous.
Alito has earned the right to make this call on his own schedule, and he says he'll make it again every year. Ginsburg made hers, too, and it cost the left a seat for a generation.