Alito, Thomas not planning retirement, limiting Trump Supreme Court opening

Samuel Alito and Clarence Thomas are not planning to retire this year, a decision that keeps President Donald Trump from gaining an immediate opening to reshape the Supreme Court of the United States.

The stakes are unusually high because the nine-member court already holds a 6-3 conservative majority. A vacancy would give Trump a chance to nominate another justice and could lock in that balance for decades, especially if a replacement joined the bench while Republicans are also focused on the November 2026 congressional elections.

Alito, 76, has served on the court since January 31, 2006, when he replaced Sandra Day O’Connor. Thomas, 77, has been on the bench since October 23, 1991, after replacing Thurgood Marshall, and he is now the longest-serving current justice. Together, their age and tenure have made them the subject of growing retirement speculation, even though neither has given any public indication of stepping down.

That speculation has intensified because the average retirement age for justices since 2000 has been about 80, leaving both men within range of the point when many justices choose to leave. It has also sharpened around recent health and ethics attention at the court, including Alito’s treatment for dehydration after he fell ill at a Philadelphia event on March 20, 2026.

Trump has publicly signaled that he is ready to move quickly if a seat opens, a reminder that Supreme Court vacancies now sit at the center of presidential strategy. For a president who already appointed three justices during his first term, another opening would be a rare chance to extend his influence over constitutional fights that will outlast his administration.

The absence of a vacancy matters as much as a vacancy itself. As long as Alito and Thomas remain in place, the court’s ideological balance stays fixed, and the timing of retirement continues to shape the future of the judiciary as much as any confirmed nominee would.