Supreme Court Justice Samuel Alito says he considered retiring this year but chose to stay because he can still contribute, and he will rethink that call each term.
Justice Samuel Alito, 76, told CBS News he thought about stepping down this year and decided against it. He said he still believes he can do valuable work on the Court, and he expects to face the same question every term. He gave no departure date.
Breitbart News reported on a CBS News interview clip released Friday in which chief legal correspondent Jan Crawford pressed Alito on why he remained on the bench and whether he had considered leaving.
Alito did not dodge the point. He said age forces the question, then explained why he stayed.
Asked whether he had considered retiring, Alito answered directly.
In the CBS exchange, Alito said, “I thought about it,”
"Well, it’s something I think that somebody at my age has to think about every term,"
He then stated his reason for remaining:
"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 asked whether he would reconsider each year. Alito said he would.
“Yeah, I think I have to,” he replied.
He refused to map out a timeline. He said personal health and politics both make long-range forecasts unreliable.
"I think it’s too hard to predict,"
He added:
"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 on the political side:
"And it’s too hard to predict what the political situation will be and what any president might do with respect to a replacement,"
That is a plain statement of how lifetime tenure works. A justice stays while able to serve, revisits fitness term by term, and does not hand a calendar to activists or cable panels.
President George W. Bush nominated Alito, who joined the Supreme Court in 2006. He has now served nearly two decades on the bench.
During his first term, President Donald Trump nominated Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The Senate confirmed all three. Another vacancy during Trump’s presidency would give him a chance to select a fourth justice.
In a Breitbart News interview in July, Trump said he was ready if openings appeared. He did not name a replacement for Alito and praised the justice’s record.
Trump said:
"Well I think, you know, if you listen to people, there are three potential vacancies for various reasons, so I’m certainly prepared,"
He continued:
"There are a lot of great people out there who would like to have that position."
S1 also notes Trump called Alito one of the greatest of all time and said he would like to appoint a younger version of him. Trump did not identify a specific pick.
Alito’s answers leave the practical picture clear. He considered leaving this year. He stayed because he believes he can still contribute. He will weigh retirement again each term. He will not predict his health, the country’s politics, or any president’s next move on a replacement.
That approach matches the constitutional design. Justices hold office during good behavior, not during the convenience of parties that want a vacancy on their schedule. Taxpayers and litigants get a full Court when experienced jurists keep doing the job they were confirmed to do.
Crawford’s questions referenced pressure for Alito to retire. Alito’s response ignored the noise and rested on capacity and duty. He thought he could still serve. So he stayed.
When a seasoned justice measures his own work and chooses the bench over the exit, the Court keeps judgment forged by years of hard cases, and the country is better for it.
