Former President Donald Trump achieved an impressive victory on Tuesday night, marking a genius moment for Republicans who have regained control of the Senate after four long years in the wilderness. This turn of events has immediate implications for the nation’s highest court, as it opens up the tantalizing possibility for conservative Justices to retire, paving the way for Trump’s potential appointees.
Frank Luntz, a Republican pollster, recently highlighted the judicial consequences of this political shift during his chat with NewsNation. He pointed out that with Trump likely re-entering the Oval Office and the Senate now firmly in red hands, old favorites from the Supreme Court could find themselves searching for greener pastures in retirement. For those keeping track, this is about as groundbreaking as election night news can get, as speculation mounts over which revered conservative Justices may soon step down.
Conservative justices Clarence Thomas and Samuel Alito may retire during the next president’s term.
Republicans are openly talking about their hopes to confirm new, younger conservative judges to rule the bench for decades to come. pic.twitter.com/JmTWoXBi0U
— Working Families Party 🐺 (@WorkingFamilies) November 5, 2024
It is not hard to see why speculation is rampant regarding the Justices. Clarence Thomas and Samuel Alito, both champions of constitutional conservatism, are getting up there in age—76 and 75 respectively. Republican strategist and former federal prosecutor Neama Rahmani suggested that their significant tenures may lead them to consider retirement, especially if they want to ensure that their legacies are carried on by similarly-minded conservatives offered up by a victorious Trump.
Interestingly, Alito recently made some headlines over accusations relating to his out-of-court conduct, particularly for flying the Appeal to Heaven flag at his summer home, a flag steeped in Revolutionary lore that has been picket-fenced into the conservative pantheon. This has understandably raised a few eyebrows among the left, who seem unable to fathom that a Supreme Court Justice might actually have a deep-rooted connection to the founding principles of America. And it appears that Alito’s upside-down flag display after the January 6 Capitol event has also attracted quite a bit of criticism.
Meanwhile, Justice Thomas has faced scrutiny for his ties to Harlan Crow, a Republican mega-donor. However, why the left continues to obsess over the personal lives of these Justices baffles many. Perhaps this merely reflects their discomfort with the conservative philosophies both Justices embody. As these venerable Justices ponder their futures, one thing remains crystal clear: a solid Republican Senate combined with a potential return of Trump could dramatically reshape the Supreme Court for years to come, especially if two prominent Justices make the decision to pass the baton before it’s too late.