Alito not expected to retire this term, cooling Supreme Court vacancy speculation: sources

Supreme Court Justice Samuel Alito is not expected to step down this term and has already hired all four law clerks for the upcoming annual term despite speculation the high court justice was weighing retirement, multiple sources said.

Alito “is not stepping down this term and is in the process of hiring the rest of his clerks for the next term,” a source told Fox News Digital. Two other sources told Fox News that Alito is not retiring this term, which lasts until the Supreme Court’s new year kicks off in October.

Justices tend to hire their clerks two to three years in advance, although that process is not necessarily indicative of a justice’s retirement plans.

The revelation that Alito is reportedly not planning to step down comes after President Donald Trump told Fox Business’ Maria Bartiromo he is “prepared” to appoint up to three Supreme Court justices if vacancies arise. Trump added he has a shortlist of nominees in mind, though he did not mention any names.

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“In theory, it’s two or three, they tell me — if you just read statistics — it could be two, could be three, could be one,” Trump told Bartiromo. “I don’t know. I’m prepared to do it. But when you mention Alito, he is a great justice.”

Trump said he thinks Alito, who has sided with him on most high-profile cases, is “in very good physical health” and called him “one of the great justices of our time.”

“Justice Alito is an unbelievable justice,” Trump said.

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Rumors about Alito, 76, potentially retiring have grown because of his age, his two-decade tenure on the bench and speculation that he may want to make sure a conservative successor is confirmed by the current Republican-led Senate before the upcoming midterm elections. Former President George W. Bush nominated him for the nation’s highest court in 2005. 

The rumors were further fueled when it was revealed Alito was treated last month for dehydration after becoming ill at a Federalist Society dinner. A Supreme Court spokesperson clarified at the time that the justice was “thoroughly checked” and quickly returned to the bench.

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Justice Clarence Thomas, an appointee of President George H. W. Bush, has drawn less retirement speculation despite being one year older than Alito at 77 and in his own lengthy tenure. Thomas has been a conservative fixture on the court for more than three decades and holds a record as the second-longest serving justice in history.

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, told reporters earlier this week he would recommend Sens. Ted Cruz, R-Texas, or Mike Lee, R-Utah, as top candidates if Alito were to retire. Grassley said he hoped Alito would not step down but said his committee is “fully prepared” to process a nominee before the midterm elections. 

Senate Majority Leader John Thune, R-S.D., told reporters Tuesday the GOP majority would be able to fill a Supreme Court vacancy quickly.

“That’s a contingency I think around here you always have to be prepared for. And if that were to happen, yes, we would be prepared to confirm,” Thune said.

Fox News’ Bill Mears contributed to this report.