By Michael Katz | Friday, 17 April 2026 09:49 PM EDT
Justices Clarence Thomas, 77, and Samuel Alito, 76, the oldest members of the Supreme Court and two of its most conservative, have confirmed they will not step down following the court’s current term, which concludes in late June or early July.
Sources close to Thomas indicated he has no plans to retire. A source near Alito confirmed he is “not stepping down this term and is in the process of hiring the rest of his clerks for the next term.”
Two additional sources stated that Alito is not retiring during this term.
Although justices typically hire their clerks two to three years in advance, this timeline does not necessarily signal retirement intentions.
The news emerged amid speculation about Alito potentially stepping down, though he has not publicly signaled his intentions. In March, Alito was hospitalized after falling ill during a Federalist Society dinner in Philadelphia held in his honor. He had been scheduled to deliver the keynote address but did not speak.
A Supreme Court spokesperson said that “out of an abundance of caution,” Alito agreed with his security detail’s recommendation to seek medical evaluation before driving home to Virginia. He was treated for dehydration and given fluids at a hospital before returning home later that night.
The spokesperson added that Alito was later examined by his personal physician and returned to work the following Monday for oral arguments.
Senate Majority Leader John Thune, R-S.D., told the Washington Examiner on Tuesday that Republicans are “prepared” for the possibility of a retirement on the high court.
“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.
Thune clarified that a vote would occur before November’s elections that could determine control of the upper chamber, though the midterm map favors Republicans.
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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