WASHINGTON − WillPresident Donald Trumpget the chance to nominate a fourthSupreme Courtjustice?
Speculation, particularly among liberal commentators, has started to swirl around possible retirement plans of JusticeSamuel Alito.
Alito, the second-oldest justice and one of the most conservative,joined the high court20 years ago.
“That is usually a very good milestone on which to retire,” Melissa Murray, a law professor at New York University, said on the latest episode of the podcastStrict Scrutinythat she co-hosts.
And if Alito wants to step down while Republicans control the Senate, he may not want to gamble on this year’s midterm elections.
Republicans are expected to have a much easier timeretaining the Senatethan theHouse,but a loss can’t be ruled out. That would make it difficult for Trump to confirm a successor.
Because Senate Republicans may not want to hold a confirmation hearing during the fall of an election year, Alito could announce in the next few weeks that he will step down at the end of the term, Strict Scrutiny co-host Kate Shaw speculated.
Finally, Alito iscoming out with a bookin October, right as the court will be starting a new term.
Steve Vladeck, a law professor at Georgetown University whowrites about the courton Substack, called the publication date “a pretty big tell since one can’t exactly go on a book tour during the first argument session of the term.”
Books published in the last few years by JusticesKetanji Brown JacksonandAmy Coney Barrettwere published in September, allowing time for the justices to promote them before diving into a new term.
Source: Drudge Report
