Alito and Thomas Won't Retire, Sources Say, as Sweep Closes Trump's Court Window

The Democrats' sweeping midterm victories have slammed shut President Donald Trump's window to reshape the Supreme Court — and the two conservative justices whose retirements Republicans had quietly hoped for are not going anywhere. Multiple sources close to Justices Samuel Alito and Clarence Thomas told CNN on Wednesday that neither man is expected to leave the court because of the election results.

The news landed as Republicans took stock of a brutal election night. Democrats won at least 54 Senate seats, enough to control the chamber when the 120th Congress convenes on January 3, 2027. That result means Trump may finish his second term without naming a single Supreme Court justice.

Key Points

• Multiple sources close to Justices Samuel Alito, 76, and Clarence Thomas, 78, told CNN on Wednesday that neither justice is expected to leave the Supreme Court because of the midterm results.
• Both justices said before the current term began in October that they did not intend to retire, and Alito told Bloomberg News he would stay even if Democrats captured the Senate.
• Florida Gov. Ron DeSantis said Wednesday that "no Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks".
• Trump named three justices in his first term but may now finish his second term without a single Supreme Court appointment, after Democrats won at least 54 Senate seats.
• Conservative commentator Ed Whelan and Georgetown professor Steve Vladeck both put the odds of a quick lame-duck retirement at near zero, despite speculation that the six-week window invites one.

What Happened

The anxiety on the right set in almost as soon as the scale of the Democratic sweep became clear. With Democrats projected to hold at least 54 of the 100 Senate seats, Republicans began openly fretting that Trump's chance to shore up the court's 6-3 conservative majority had slipped away.

CNN reported on Wednesday that it had spoken to multiple sources close to both Alito and Thomas, and that neither justice is expected to leave the court because of the election results.

That position is not new. Both justices said before the current term began in October that they did not intend to retire. Alito went further, telling Bloomberg News last month that he would stay on even if Democrats captured the Senate. Asked whether he was a "firm no" on retiring in a lame-duck Congress, he answered: "Yeah."

Background: How the Court Ended Up on the Ballot

The Supreme Court was never formally on the ballot on November 3, but both parties campaigned as though it was. Trump had said he could fill as many as three vacancies during his second term, and Republican senators spoke openly about the court as a reason to hold the Senate. Our earlier report on why the high court was on the ballot is here: Supreme Court midterms 2026: why the high court is on the ballot on Nov 3.

The stakes were obvious. The court now holds a 6-3 conservative majority, and its two oldest conservative members are Alito, 76, and Thomas, 78. A retirement by either man while Republicans still held the Senate would have let Trump name a younger conservative successor and lock in the majority for decades.

Alito and Thomas: No Plans to Leave

Alito has served on the court since 2006. He will be 78 when the next presidential contest is decided in 2028. Thomas has served since 1991 — he marked his 35th anniversary on the court over the weekend — and will be 80 in 2028 and 84 in 2032.

Neither man has shown any appetite for a timed exit. Alito's blunt answer to Bloomberg last month settled the question for most observers at the time, and the sources who spoke to CNN this week confirmed that the election result has not changed his thinking. Thomas, the court's longest-serving member, has likewise given no signal that he plans to step aside, and those close to him say the same.

Reactions

DeSantis put the new reality bluntly on Wednesday. "No Supreme Court justice will be confirmed under President Trump's administration unless something happens in the next six weeks," the Florida governor said, referring to the lame-duck period before the new Congress is sworn in. Republicans still control the Senate until January 3, so a retirement in the next six weeks could still, in theory, be filled by a Trump nominee.

But the obstacles to that scenario are steep. Conservative commentator Ed Whelan warned that lame-duck senators such as John Cornyn and Thom Tillis "aren't going to be eager to do Trump any favors", suggesting that even a vacancy might not produce a quick confirmation. Georgetown law professor Steve Vladeck put the odds of either justice quickly stepping down at "close to nil".

Why It Matters

The court's composition shapes American law for decades, and the midterm result effectively freezes it in place. With Democrats holding the Senate from January, Trump cannot confirm a new justice for the remainder of his term. Any vacancy from now on would be filled, if at all, by a future president.

It also matters because of what the court is deciding right now. Justice Elena Kagan warned in October that the conservative majority's rulings have damaged American democracy: Kagan warns Supreme Court rulings are damaging US democracy before midterms.

What Happens Next

The six-week lame-duck window is the only opening left. If either Alito or Thomas were to announce a retirement before January 3, Republicans could still try to confirm a successor. The signals from both justices suggest that will not happen.

Beyond that, attention turns to 2028. Alito will be 78 and Thomas 80 when the next presidential election is decided, and the age of the court's conservative wing will be a live issue in that campaign. See how the world reacted to the Democrats' midterm sweep.

Frequently Asked Questions

Are Justices Alito and Thomas planning to retire?
No, according to multiple sources close to both justices who spoke to CNN on Wednesday, November 4, 2026. Neither man is expected to leave the Supreme Court because of the midterm election results.

Why did the midterms change the Supreme Court outlook?
Democrats won at least 54 Senate seats, giving them control of the chamber from January 3, 2027. A president needs the Senate to confirm a Supreme Court justice, so Trump is unlikely to fill any vacancy for the rest of his term.

Could Trump still get a justice confirmed in the lame-duck session?
In theory, yes — Republicans control the Senate until January 3. But both justices have said they do not plan to retire, and the odds of a quick retirement are "close to nil".

How old are Alito and Thomas?
Samuel Alito is 76 and has served since 2006; he will be 78 in 2028. Clarence Thomas is 78 and has served since 1991; he will be 80 in 2028 and would become the longest-serving justice that year.

How many Supreme Court justices did Trump appoint?
Three in his first term: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. He may finish his second term without another.